Demand Continues for CPSIA Compliance

MIAMI BEACH, FLA.—Despite the recent deadline extensions for enforcement of the Consumer Product Safety Commission’s Improvement Act of 2008 (CPSIA), many manufacturers and importers are still being asked to provide lab certification showing that their children’s apparel products do not contain any lead or phthalates, according to a survey released by the American Apparel & Footwear Association at the Material World & Technology Solutions expo in Miami Beach, Fla.

More than 75 percent of apparel-industry representatives questioned said they are still being asked by retailers to provide certificates even though a stay of enforcement gives importers until February 2010 to do so.

Retailers still want to protect themselves because of the many intricate compliance layers within CPSIA, said a panel of industry experts speaking at Material World.

Panelists included Rick Horwitch, vice president of business development for Bureau Veritas, Virginia Nesbitt, associate counsel for law firm Maguire Woods, and Steve Lamar, executive vice president of the AAFA.

In another AAFA survey, 57 percent of apparel-industry representatives said they expect lab costs for compliance testing to exceed $10,000 in the first year.

Horwitch said there is still a lot of confusion among apparel producers and importers. He was in Los Angeles recently, and T-shirt makers who use screen prints were uncertain about whether or not they will have to comply. In most cases, they do, he said.

Though CPSIA draws the line at age 12, many retailers were confused because some 12-year-olds can wear garments and footwear in adult sizes. Nesbitt said part of the interpretation involves how the products are marketed.

If there is a positive, Lamar said, CPSIA exposes long-existing laws that already regulate hazardous material in clothing.

“It has increased the awareness of product safety. Lead in paint on buttons, for example, has been regulated for 25 to 30 years, so it’s not all been bad, but still the problem outweighs the benefits,” he said.

On April 1, industry groups participated in a rally at Capitol Hill to urge lawmakers to amend and clarify the CPSIA. Hosted by the AAFA, the Alliance for Children’s Product Safety, Fashion Jewelry Trade Association, Handmade Toy Alliance and other organizations, speakers decried what they perceive as the government’s sluggish response to industry concerns and the danger the law poses to small-business owners. —Robert McAllister, with additional reporting by Erin Barajas