Office of Information and Public Affairs

Washington, DC 20207

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April 7, 2009
Release #09-188

CPSC Hotline: (800) 638-2772 CPSC Media Contact: (301) 504-7908

Fourteen Firms Agree to Pay More than $1 Million in Civil Penalties for Failing to Report Drawstrings in Children's Outerwear

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) announced today that 14 firms have agreed to pay a total of $1,055,000 in civil penalties.

The penalties settle allegations that the firms knowingly failed to report to the CPSC immediately, as required by federal law, that children's hooded sweatshirts or jackets they sold had drawstrings at the hood and/or neck. Children's upper outerwear with drawstrings, including sweatshirts or jackets, pose a strangulation hazard that can cause death to children.

The garments were eventually recalled as appropriate. The settlements have been provisionally accepted by the Commission.

CPSC has ordered the following firms to pay civil penalties to the U.S. Treasury:

• The TJX Companies Inc., d/b/a T.J. Maxx, of Framingham, Mass.
  
  
  • Recalls: #09-083, #08-266, #08-121
    
    
• Marshalls of MA Inc., of Framingham, Mass.
  
  
  • Recalls: #08-357, #08-356, #08-207, #08-192, #08-177, #08-146, #08-121
    
    
• Concord Buying Group Inc., d/b/a A.J. Wright, of Framingham, Mass.
  
  
  • Recalls: #08-358, #08-234, #08-121
    
    
• Bob's Stores Corp., of Meriden, Conn.
  
  
  • Recalls: #08-288, #08-121
    
    
• Kidz World Inc., d/b/a High Energy USA, of New York City, N.Y.
  
  
  • Recall: #08-234
    
    
• The Bon-Ton Stores Inc., of York, Pa.
  
  
  • Recall: #08-103
    
    
• Coolibar Inc., of St. Louis Park, Minn.
  
  
  • Recall: #08-316
    
    
• Brents-Riordan Co. LLC, of Shreveport, La.
  
  
  • Recall: #08-238
    
    
• Forman Mills Inc., of Pennsauken, N.J.
  
  
  • Recall: #08-192
    
    
• Urgent Gear Inc., of Los Angeles, Calif.
  
  
  • Recall: #08-217
    
    
• Seventy Two Inc., of La Puenta, Calif.
  
  
  • Recall: #08-185
    
    
• Orioxi International Corp., of Brea, Calif.
  
  
  • Recall: #08-379
    
    
• Outfitter Trading Co. LLC, of Littleton, Colo.
  
  
  • Recall: #08-379
    
    
• Retco Inc., of Breckenridge, Colo.
  
  
  • Recall: #08-379
    
    

In February 1996, CPSC issued drawstring guidelines (pdf) to help prevent children from strangling or getting entangled on the neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts. In May 2006, CPSC's Office of Compliance announced (pdf) that children's upper outerwear with drawstrings at the hood or neck would be regarded as defective and a substantial risk of injury to young children.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, presents an unreasonable risk of serious injury or death, or violates any consumer product safety rule or any other rule, regulation, standard, or ban enforced by the CPSC.

In agreeing to settle the matters, the firms deny CPSC's allegations that they knowingly violated the law.