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    Hamstrung: How many recalls does it take to be fined?

    Consumer Reports News: March 23, 2010 01:56 PM

    In the past week, the Consumer Product Safety Commission announced a recall of 23,000 children's sweatshirts with drawstrings that had been sold at Burlington Coat Factory ...  just as it announced the week before and the week before that. Since last May, there have been 13 recalls for drawstring hazards on clothing sold at Burlington Coat Factory totaling 80,275 hoodies, jackets, and sweatshirts that shouldn't be on the market.

    [Update: On March 24, the CPSC announced three more recalls of drawstring clothing sold at the Burlington Coat Factory totaling 13,000 items.]

    Drawstrings on children's outwear aren't a hidden hazard. They're easy to spot by any shopper, clothing retailer or CPSC enforcement official. The agency issued drawstring guidelines in 1996 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 clothing industry adopted a voluntary standard for drawstrings that incorporated the CPSC guidelines. And in May 2006, the CPSC's Office of Compliance announced that children's upper outerwear with drawstrings at the hood or neck would be regarded as defective and subject to recall.

    Apparently, Burlington Coat Factory didn't get the memo, or didn't understand it. Which is basically what their spokesperson Courtney Ryder said in an email when we asked why there have been so many recalls.  "The CPSC's announcement was not well publicized or understood within the industry, as evidenced by numerous fines levied against other retailers and manufacturers in 2009 and before," she wrote. "Between 2006 and 2009, numerous manufacturers continued to produce children's outerwear garments using drawstrings to fasten hoods and to cinch at the waste [sic]. Importers and retailers of all types and sizes continued to import and sell children's upper outerwear with drawstrings.".

    "As soon as Burlington Coat Factory became aware of the CPSC's position on the drawstrings in children's upper outerwear, we proactively undertook a search for all such garments in all of our stores," Ryder continued. "The recent recalls are being undertaken cooperatively with the CPSC based on these reports by Burlington."

    It's true that some retailers have been fined over drawstrings, including Ross Stores, which paid $500,000,  and Kohl's, which paid $425,000 last year. Burlington Coat Factory has yet to be fined, although that remains a possibility.

    "Companies should never put themselves in a situation where they need to have their children's outwear recalled," said Scott Wolfson of the CPSC in an e-mail.  "The guidelines are clear, there should not be drawstrings in the clothing.  If the drawstring are kept out of the manufacturing process, then a recall would not need to occur."

    Wolfson added that the CPSC is moving toward turning the guidelines into a rule, which would give the agency better enforcement and  broader authority to levy penalties against violators.  And he said to expect more recalls and fines. "Violating CPSC's guidelines on drawstrings in children's clothing is unacceptable," he said "especially since it is one of the simplest and most straightforward policies that CPSC oversees."

    To see all of the recalls, go to the CPSC's Web site and search on Burlington Coat Factory.

    —Jamie Schaefer-Wilson

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