Kohl’s, Other Retailers Fined for Selling Dangerous Children’s Clothing

Kohl’s Department Stores, Hill Sportswear, Maran Inc., and K.S. Trading Corp have agreed to pay separate civil penalties for breaking federal law forbidding children’s clothing with drawstrings around the neck or waist, which poses a risk of strangulation and entrapment to children.

In 1996, the Consumer Product Safety Commission issued guidelines designed to help prevent children from strangling or getting entangled on the neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts. In 1997, the children’s clothing industry adopted a voluntary standard for drawstrings that incorporated the CPSC guidelines.

In May 2006, the CPSC announced that children’s upper outerwear with drawstrings at the hood or neck would be regarded as defective and as presenting a substantial risk of injury to young children. Manufacturers, distributors, and retailers are now required by law to report to the CPSC within 24 hours after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

Kohl’s to Pay Second Fine in Two Years

Kohl’s will pay $425,000 for failing to report to the CPSC that children’s hooded sweatshirts it sold had drawstrings around the neck. In 2008, Kohl’s agreed to pay a separate fine of $35,000 for failing to report drawstrings in children’s sweatshirts.

Sweatshirts sold at Kohl’s were recalled in March 2009 because of drawstrings around the neck and waist. The company is now being fined for failing to alert the CPSC about the potentially dangerous children’s clothing in a timely fashion before the products were recalled.

Other Retailers Fined

Hill Sportswear agreed to pay a $100,000 civil penalty for failing to disclose hooded sweatshirts it sold that violated the ban on such products. In November 2008, a 3-year-old Fresno, Ca. boy was strangled and died when the drawstring on his Hill Sportswear hooded sweatshirt reportedly became stuck on a playground set. The sweatshirts were recalled in February 2009, the CPSC said. About 120,000 of the defective Hill Sportswear sweatshirts were sold at retailers in California and Texas from 2003 through December 2008 for approximately $8.

Also this week, Maran Inc., of North Bergen, N.J. and K.S. Trading Corp., of Moonachie, N.J., agreed to pay a total of $85,000 in civil penalties for marketing defectively dangerous children’s hooded sweatshirts and jackets.

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