Pro-Pac Distributing Corp. Agrees to Pay $125,000 Civil Penalty for Failing to Report Drawstrings in Children's Sweatshirts

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U.S. Consumer Product Safety Commission

Sep 08, 2010, 03:00 ET

WASHINGTON, Sept. 8 /PRNewswire-USNewswire/ -- The U.S. Consumer Product Safety Commission (CPSC) announced today that Pro-Pac Distributing Corporation, of Gardena, Calif., has agreed to pay a civil penalty in the amount of $125,000. The penalty settlement, which has been provisionally accepted by the Commission, resolves CPSC staff allegations that Pro-Pac knowingly failed to report to CPSC immediately, as required by federal law, that two different children's hooded sweatshirts it imported and distributed had drawstrings at the neck.

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Children's upper outerwear with drawstrings at the neck and waist can pose a substantial risk of injury or death when the string on the garment catches onto an item such as playground equipment. CPSC issued drawstring guidelines (pdf) in 1996 to help prevent children from being strangled or becoming entangled by 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.

About 7,000 of these sweatshirts were sold under the ProClub label at various retailers in Los Angeles, Calif., and Las Vegas, Nev., from November 2008 through December 2008 for around $20. In July 2009, CPSC and Pro-Pac announced the recall of both of Pro-Pac's hooded sweatshirts with drawstrings due to a strangulation hazard. Due to the serious nature of this hazard, parents are urged to immediately remove the drawstrings from the sweatshirts or return the garments to either the place of purchase or to Pro-Pac for a full refund.

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, Pro-Pac Distributing denies that it knowingly violated the law, as alleged by CPSC staff.

The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death from over 15,000 types of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $800 billion annually. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard. 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 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Under federal law, it is illegal to attempt to sell or re-sell this or any other recalled product.

To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772, teletypewriter at (800) 638-8270, or visit www.cpsc.gov/talk.html. Consumers can obtain this press release and recall information at www.cpsc.gov. To join a free e-mail subscription list, please go to www.cpsc.gov/cpsclist.aspx.