Avoiding children’s sleepwear recall due to flammability failure

First Published: May 2022

In the early 1970s, the Consumer Product Safety Commission (CPSC) promulgated the Flammability Standards for Children's Sleepwear to protect children from unreasonable risk of burn injury or death from fire associated with children’s sleepwear.   

The CPSC conducts periodic inspections of children’s sleepwear to ensure compliance. If non-compliance is found, the CPSC has the authority to issue a product recall, and children’s sleepwear in violation may not be advertised, promoted, or sold on the U.S. market.   

To avoid recalls which could cause brand and financial damages, it is essential to understand the requirements of children’s sleepwear flammability in the regulations.  

There are two testing standards for evaluating the flammability of children’s sleepwear. The test methods in both standards are technically identical, and the main difference lies in the application scope: 

• 16 CFR Part 1615: for children’s sleepwear sized above 9 months and up to 6X. and;  
• 16 CFR Part 1616: for children’s sleepwear sized 7 through 14. 

What is the definition of children’s sleepwear in CPSC?

Before going into the details of the requirements, let’s define what children’s sleepwear is under CPSC. Children’s sleepwear refers to any garment, such as nightgown, pajama, robe or loungewear, that:   

• is sized above 9 months and up to size 14 and; 
• is intended to be worn primarily for sleeping or sleep-related activities and/or; 
• is marketed, merchandised, displayed or sold as children’s sleepwear. 

It is important to note that several categories of children’s garments are excluded by 16 CFR Part 1615 and 1616 (the Standards):  

• Diapers and underwear 
• Tight-fitting garments
• Garments for Infants (labeled with size nine months or smaller):
  • If one-piece garment and is not longer than 25¾ inches; or 
  • If two-piece garment and has no piece longer than 15¾ inches. 
  • It has a label stating in months the age of the children for whom it is intended.  

In the cases of these exempted children’s garments, the testing standards for general apparel (16 CFR Part 1610) apply. 

Testing requirements for children’s sleepwear flammability

Testing for children’s sleepwear flammability is conducted in three different stages, which are fabric, prototype, and production stages. Your sleepwear goods should undergo all three stages to ensure that they reach the flammability requirements stated.  

• Fabric Production Unit (FPU) stage: Finished fabrics to be made into children’s sleepwear must be grouped into FPUs (defined by every 5,000 linear yards) and tested as produced (or after one laundering) and after 50 launderings (wash and dry cycles) before being used to make prototypes. 
• Garment Prototypes: Prototypes of each garment must be tested to ensure the garment is in compliance before being mass-produced for sale. Seam types and trimmings used in garments must be tested.  
• Garment Production Unit (GPU) stage: Finished garments produced for sale must be grouped into GPUs and tested. A GPU can include up to 500 dozen garments with different trimmings and fasteners, as long as the other characteristics of the garments are identical.  

At any stage, char length is used to determine pass or fail of the flammability test. According to the two standards, char length ‘means the distance from the original lower edge of the specimen exposed to the flame in accordance with the test procedure to the end of the tear or void in the charred, burned, or damaged area. 

The general passing criteria is that the average char length per sample shall not exceed 7 inches, and no individual sample shall have a char length of 10 inches. All tested specimens should be maintained for seven years and be presented upon request by the authority.  

What happens if you fail to comply? 

To meet the requirements of 16 CFR Part 1615/1616, children’s sleepwear must pass all three stages of testing (fabric, prototype, and production). If it fails to meet the flammability requirements, the CPSC has the authority to issue product recalls and civil and criminal penalties. Failed garments may not be retested, used and/or advertised for use as children’s sleepwear in the U.S. market. 

Additional requirements besides flammability testing

Needless to say, there are additional requirements applicable to children’s sleepwear, other than meeting the flammability requirements. To name a few:  

• Each item of children’s sleepwear must have a permanent label. 
• Children’s sleepwear must have a permanent label with a unit identification so that manufacturers can trace the garment. 
• Manufacturers and importers must maintain a written record as specified in the regulations.

How can Eurofins Softlines & Hardlines help?

As CPSC-accredited laboratories, the Eurofins Softlines & Hardlines network of companies can help buyers and suppliers of children’s sleepwear products to the United States ensure compliance with flammability and other regulatory requirements.

Learn more about our Flammability Services.