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Press Release Date: 9/8/2009 | Resource: MLG

Kohl’s Department Stores Agrees to Pay $425,000 Civil Penalty for Failing to Report Drawstrings in Children’s Sweatshirts

The U.S. Consumer Product Safety Commission (CPSC) announced today that Kohl’s Department Stores Inc., of Menomonee Falls, Wis. has agreed to pay a civil penalty of $425,000. The penalty settlement (pdf), which has been provisionally accepted by the Commission, resolves CPSC staff allegations that Kohl’s Department Stores knowingly failed to report to CPSC immediately, as required by federal law, that children’s hooded sweatshirts it sold had drawstrings at the neck.

Children’s upper outerwear with drawstrings, including sweatshirts, poses a strangulation hazard to children which can result in serious injury or death. In March 2009, CPSC and the sweatshirts’ importer announced a recall of the products.

CPSC issued drawstring guidelines (pdf) 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, industry adopted a voluntary standard for drawstrings that incorporated the CPSC guidelines. 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 as presenting 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, 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.

In agreeing to the settlement, Kohl’s Department Stores denies CPSC's allegations that it knowingly violated the law. In 2008, Kohl’s paid a $35,000 civil penalty for failing to report drawstrings in children’s sweatshirts.

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Send the link for this page to a friend! The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270. To join a CPSC e-mail subscription list, please go to https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to CPSC's Web site at www.cpsc.gov.

For more information regarding this article please contact:

Jeffrey Marquart
(949)589-0150
jmarquart@marquartlawgroup.com

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