California Firm Fined For Failure To Report Drawstrings In Defective Sweatshirts

The Consumer Product Safety Commission has announced that three companies including one based in California, will pay civil penalties for their failure to report to the CPSC that their children's hooded sweatshirts came with drawstrings.

Hill Sportswear Inc., of Paramount, has been fined penalties of $100,000 to resolve allegations that the company knowingly failed to report to the agency that the sweatshirts it manufactured and sold, came with drawstrings at the neck. Approximately 120,000 of these sweatshirts were sold at retailers in California and Texas between 2003 and 2008. In February, the company recalled an estimated 120,000 of its sweatshirts.

The second company, Kohl's Department Stores Inc of Wisconsin, has agreed to pay the CPSC civil penalties amounting to $425,000 to resolve similar allegations. In 2008, Kohl's had also been fined $35,000 for failing to report that its children's sweatshirts had drawstrings at the neck. In March, Kohl's had recalled hooded sweatshirts sold at its department stores between January 2009 and February 2009.

The third and fourth companies are Maran Inc. and KS Trading Corp. both of New Jersey. These two companies have agreed to pay $85,000 in civil penalties. In May 2008, Maran Inc had recalled approximately 6,000 defective jackets and sweatshirts. In August 2008 KS Trading had recalled more than 5,700 defective hooded sweatshirts.

According to the CPSC, children's clothing that comes with drawstrings can pose a serious strangulation hazard. The hazard can be strong enough to end in injury or death. In 1996, the agency issued guidelines for drawstrings in upper and outerwear, like jackets and sweatshirts. The following year, the clothing industry adopted standards for drawstrings that included the CPSC guidelines. In May 2006, the agency announced that any upper outerwear, including jackets and sweatshirts that came with drawstrings at the hood or neck area, would be considered defective. The agency warned that if it came across such products, it would ask for a recall. The CPSC warned that manufacturers, distributors, importers and retailers must report immediately when it obtained information that these products came with drawstrings, and posed a risk of injury or death.

From January 1995 until June 1997, the Consumer Product Safety Commission received reports of 21 deaths, involving children who became entangled in the drawstrings on their upper outerwear. The agency also received reports of 43 incidents, involving entanglement that did not result in death.

CPSC guidelines are meant to ensure that children are not placed at risk of injury or death from drawstrings on their jackets or sweatshirts. Manufacturers are required to follow these guidelines to ensure that their products don't place a child at risk of entanglement and strangulation. However, as California product liability lawyers often see, manufacturers ignore guidelines, with serious consequences to children.