A question posed by a fellow WAHM on an industry discussion board (namely, “a customer just asked me if my diapers conform to the flame retardant guidelines – what?”) got me curious about the history of these regulations.
(note: no, diapers are not required to be flame retardant.)
I’ve known that children’s pajamas have to be either flame-retardant or tight-fitting, and that many people (myself included) don’t relish the idea of the flame-retardant chemicals rubbing on their kids’ skin all night. (if we purchase commercial pjs, we get the tight-fitting ones.)
I also know that many WAHM’s label their items as “loungewear” in an attempt to exempt themselves from the children’s sleepwear rules, but was interested to find that the law defines “children’s sleepwear” as “any article of clothing, such as
a nightgown, pajama, robe or loungewear, that is sized above 9 months and up to size 14 and that is intended to be worn primarily for sleeping or activities related to sleeping.” The Commission makes a determination based on whether the item is suitable for sleeping, and whether it’s likely that it will be used for sleeping, not on whether it’s labeled as being for sleeping. (Which seems to be how they do things, and I support their way of handling this. The most common suggestion after CPSIA came out was to just label my items as being for dolls instead of for babies. This is completely dishonest, and most consumers would be appalled if they discovered that any large company was skirting regulations by mislabeling products.)
And though I’ve always joked that I find it unlikely that my cosleeping children will spontaneously combust, and thus nonflammable garments are not needed (we all go to sleep at the same time and my children nap in whatever room I’m in, so they’re never sleeping alone), I found while I was researching this that one of the problems that this regulation was trying to solve was children’s clothing starting on fire while they played near a fireplace. (also not a danger my children currently face, as our fireplace is a bigger fire hazard than flammable clothes, lol.) I can also readily acknowledge and recognize that MOST children in the US do NOT sleep with their parents, but sleep alone in their own rooms at night.
This page has an interesting collection of information about the regulations, as well, including that fire is the third leading cause of accidental death. I will say that I’m not a crazy huge fan of the chemicals used in pajamas, but the law DOES give parents an option – tight-fitting garments – and of course there is always the option of not wearing actual pajamas at all, but simply dressing your children in sweatpants and a sweatshirt at bedtime.
Unlike other regulations I could name *cough* CPSIA *cough* the regulation on children’s sleepwear really does seem like it’s at least fairly likely to be achieving its intended goal – protect children from the very real risk of catching on fire during the hours of the day when they’re most likely to be a fair distance from their caregivers.