Infant Garments and Tight-fitting Sleepwear Garments
You can find the infant garment requirements at 16 C.F.R. § 1615.1(c).
For more information on the Flammable Fabrics Act (FFA), visit our FFA business guidance page.
Under 16 C.F.R. § 1615.1(c), infant garment means a garment which:
- Is sized nine months or smaller;
- If a one-piece garment, does not exceed 64.8 centimeters (25.75 inches) in length; if a two-piece garment, has no piece exceeding 40 centimeters (15.75 inches) in length;
- Complies with all applicable requirements of the Standard for the Flammability of Clothing Textiles (16 C.F.R. part 1610) and the Standard for the Flammability of Vinyl Plastic Film (16 C.F.R. part 1611); and
- Bears a label stating the size of the garment, expressed in terms of months of age (e.g., 0 to 3 mos. or 9 mos.). If the label is not visible to the consumer when the garment is offered for sale at retail, the same information must appear legibly on the package of the garment.
Garments sized nine months or smaller that do not meet these requirements must be tested to the full flammability testing requirements of 16 C.F.R. parts 1615.
An overview video of the requirements for infant garments and tight-fitting sleepwear can be viewed here.
For more information on the Flammable Fabrics Act (FFA), visit our FFA business guidance page.
You can find the tight-fitting sleepwear garment requirements at 16 C.F.R. § 1615.1(o) for sizes 0 through 6X, and 16 C.F.R. § 1616.2(m) for sizes 7 through 14.
An overview video of the requirements for tight-fitting sleepwear can be viewed here.
For more information on the Flammable Fabrics Act (FFA), visit our FFA business guidance page.
Under 16 C.F.R. §§ 1615.1(o) and 1616.2(m), tight-fitting sleepwear garment means a garment which:
- Does not exceed the maximum dimension specified for the chest, waist, seat, upper arm, thigh, wrist, or ankle for each size listed at 16 CFR §§ 1615.1(o)(1) and 1616.2(m)(1);
- Has no item of fabric, ornamentation or trim, such as lace, appliques, or ribbon, which extends more than 6 millimeters (1/4 inch) from the point of attachment to the outer surface of the garment;
- Does not exceed the maximum dimensions as specified in 16 CFR §§ 1615.1(o)(3) through (7) and 1616.2(m)(3) through (7);
- Complies with all applicable requirements of the Standard for the Flammability of Clothing Textiles (16 C.F.R. part 1610) and the Standard for the Flammability of Vinyl Plastic Film (16 C.F.R. part 1611);
- Bears a label stating the size of the garment in terms of age in months, or by child’s size, that is visible when the garment is offered for sale at retail, either on the label or legibly on the package of the garment;
- Bears a yellow hangtag containing specific text that meets the measurement, text font, text size, and color requirements at 16 CFR §§1615.1(o)(10)(i) and 1616.2(m)(10)(i);
- Bears a packaging label containing the specified text that meets the measurement, text font, text size, and color requirements at 16 CFR §1615.1(o)(10)(ii) and 1616.2(m)(10)(ii) if the garments are sold in packages; and
- Bears a label with the statement, “WEAR SNUG-FITTING, NOT FLAME RESISTANT,” on the front of the sizing label located on the center back of the garment immediately below the size designation that meets the text font, text size, border, and color requirements at 16 CFR §§ 1615.1(o)(11) and 1616.2(m)(11).
Sleepwear garments that do not meet these requirements must be tested to the full flammability testing requirements of 16 C.F.R. parts 1615 and 1616.
No. Products that meet the definition of “infant garments” at 16 C.F.R. § 1615.1(c), and “tight-fitting garments” at 16 C.F.R. §§1615.1(o) and 1616.2(m), are not required to be tested to the flammability requirements under 16 C.F.R. parts 1615 and 1616. These garments are subject to the flammability requirements of 16 C.F.R. part 1610, the Standard for the Flammability of Clothing Textiles, and 16 C.F.R. part 1611, the Standard for the Flammability of Vinyl Plastic Film (if applicable).
Tight-fitting measurement tables with the maximum dimensions for the chest, waist, seat, upper arm, thigh, wrist, and ankle can be found at 16 C.F.R. § 1615.1(o)(1)(i) for sizes 0 through 6X and 16 C.F.R. § 1616.2(m)(1)(i) for sizes 7 through 14. To accurately measure a garment, lay the garment right-side-out on a flat, horizontal surface. Smooth out the wrinkles and measure the distances as specified at 16 C.F.R. §§ 1615.1(o)(1)(ii) and 1616.2(m)(1)(ii), and multiply by two. Measurements should be equal to or less than the maximum dimensions given in the standards.
CPSC staff created a video overview for infant garments and tight-fitting sleepwear garments. You can find demonstrations of the measurements in the video here, starting at the time stamp of 8:06. Additionally, the following measurements can be found at each corresponding timestamp:
Under 16 C.F.R. §§ 1615.1(o)(2) and 1616.2(m)(2), tight-fitting sleeping garments must not have any item of fabric, ornamentation, or trim, such as lace, appliques, or ribbon, which extends more than 6 mm (1/4 inch) from the point of attachment to the outer surface of the garment.
Brand tags, labels, lettuce edges, fasteners, and plackets are permitted if they do not extend more than 1/4 of an inch from the point of attachment to the outer surface of the garment.
CPSC staff created a video overview for infant garments and tight-fitting sleepwear garments. You can find examples of what design features are permitted for tight-fitting sleepwear garments here, starting at the time stamp of 16:02.
Under 16 C.F.R. §§ 1615.1(o)(9) and 1616.2(m)(9), tight-fitting sleepwear garments must bear a label stating the size of the garment. If the label is not visible to the consumer when the garment is offered for sale at retail, the garment size must appear legibly on the package of the garment. Examples of this include “9 to 12 mos.” or “size 5”.
Under 16 C.F.R. §§ 1615.1(o)(11) and 1616.2(m)(11), tight-fitting sleepwear garments must also bear a label stating, “WEAR SNUG-FITTING, NOT FLAME RESISTANT.” The text must be printed on the front of the sizing label located on the center back of the garment and must be immediately below the size designation. The text must be a minimum of 5-point sans serif font in all capital letters and must be set apart from other label text by a line border. The text must contrast with the background color of the label and must not be covered by any other label or tag.
Under 16 C.F.R. §§ 1615.1(o)(10)(i) and 1616.2(m)(10)(i), tight-fitting sleepwear garments must bear a hangtag stating, “For child’s safety, garment should fit snugly. This garment is not flame resistant. Loose-fitting garment is more likely to catch fire.” The hangtag must measure 1.5 x 6.25 inches, and the text must be in 18-point Arial/Helvetica font and enclosed in a text box that measures 1 x 5.75 inches. The hangtag must have black lettering and a yellow background that meets the specifications for Standard Safety Yellow as described in ANSI Z535.1-1998. One side of the hangtag must display sizing information, but otherwise must be blank. The text must not be obscured by the hole provided for attaching the hangtag to the garment and the hangtag must be prominent displayed on the garment.
Under 16 C.F.R. §§ 1615.1(o)(10)(ii) and 1616.2(m)(10)(ii), if the garments are sold in packages, the package must have a label with the same language that would appear on the hangtag. The label must have a text box that measures 0.75 x 3.75 inches, and the text must be 11-point Arial/Helvetica font in black lettering against a yellow background. The packages must be prominently, conspicuously, and legibly labeled. The label can be adhesive on the package. If the packages are clear or use a label band, and the hangtag is visible through the packaging, the packaging label is not required.
Footed garments are allowed on a tight-fitting sleepwear garment. These garments must comply with the tight-fitting ankle measurement specifications at 16 C.F.R. §§ 1615.1(o)(1)(ii)(G) and 1616.2(m)(1)(ii)(G).
Pockets may be incorporated if the pocket’s design has either a button, snap, or hook and loop closure to keep the pocket opening properly bound and close to the body. Pockets that are bound properly do not have fabric that raises more than ¼ of an inch between fasteners and seams, and do not have any extensions more than ¼ of an inch.
Pockets that do not have a fastener or closure feature would not comply with the tight-fitting garment requirements unless they are decorative and so tight that they are non-functional pockets.
Yes. These design features are intended to prevent chafing, rubbing, and pinching of the wearer’s neck and chin from the zipper head. Therefore, these design features are defined as “functional” if they are affixed in such a way that is consistent with their purpose. The overall length should only be what is necessary for its intended function.
Ribbed cuffs used on a children’s tight-fitting garment must meet the tight-fitting garment dimensions for the wrist as described at 16 CFR §§ 1615.1(o)(1)(ii)(C) and 1616.2(m)(1)(ii)(C).
Yes. However, drop-drawer features on the bottoms of children’s tight-fitting garments must have multiple snaps or button fasteners to ensure that the fabric is properly bound.
The fabric must not raise more than ¼ of an inch between fasteners and seams, and there must not be any extensions more than ¼ of an inch from the point of attachment to the outer surface.
If the size falls between two ranges, such as a 12-month garment falling between 9-12 months and 12-18 months, the garment is subject to the requirements of the bigger-sized range that includes it. In this case, a 12-month garment would fall into the 12–18-month measurement category.
Sizes for tight-fitting sleepwear garments should be consistent with how they are presented in 16 C.F.R. parts 1615 and 1616, as the requirements do not allow tolerance between sizes that are not specifically listed (e.g., 12-18 months). If you plan on listing two sizes, such as 5/6, the garment must not exceed the maximum measurement dimensions of the smaller size listed.
Grippers on the bottom of the feet of children’s sleepwear garments are considered functional and excluded from the trim definition under 16 C.F.R. §§ 1615.1(e)(2) and 1616.2(d)(2). Grippers will need to be tested for total lead content for all ages, and if there are plasticized components, for phthalates if the sleepwear is for children ages 3 and younger.
Thermal underwear is subject to 16 C.F.R. part 1610 due to the fabric’s characteristics. These garments are intended to keep one’s body warm by insulating body heat and keeping the body dry via wicking. However, this style garment can be made to meet tight-fitting sleepwear garment specifications and marketed as dual purpose garments.
Thermal underwear that does not meet tight-fitting sleepwear requirements must only be marketed as thermal underwear and in a manner so that it is not to be used as sleepwear. In this case, you should not include any printed designs or patterns on the thermal underwear and should label and market the garments as thermal underwear only.
“Diminish in width gradually” is another phrase for the word “tapering.” In other words, the width must get smaller from point to point where referenced in the requirements.
There are general requirements for products primarily designed or intended for children 12 years of age or younger:
- Lead in paint and similar surface coatings: Children’s products must not bear paint and/or similar surface coatings that contain more than 0.009 percent (90 ppm) lead.
- Examples include painted component parts (e.g., buttons, zippers, snaps), printing processes that use a liquid or semi-liquid surface coating that hardens (e.g., screen printing)
- Total lead content: Children’s products must not contain greater than 100 ppm (0.01 percent) of total lead content in any accessible component part. 16 C.F.R. § 1500.87 addresses determination of accessibility for the purposes of the total lead content rule.
- Examples include component parts (e.g., buttons, zippers, snaps), heat transfer vinyl, metallic threads/fibers
- CPSC made a determination under 16 C.F.R. § 1500.91(d)(7) that textiles (excluding those that contain treatments or applications that do not consist entirely of dyes) are not required to be tested for total lead content. CPSC made similar determinations for plant-derived and animal derived materials at 16 C.F.R. § 1500.91(d)(8) and certain metals and alloys at 16 C.F.R. § 1500.91(e).
- Phthalates: Children’s toys and child care articles as defined per 16 C.F.R. § 1307.2 must not contain greater than 0.1 percent (1000 ppm) of any regulated phthalate in any accessible component part. 16 C.F.R. § 1307.3 lists the regulated phthalates, and 16 C.F.R. part 1199 addresses determination of accessibility for the purposes of the phthalate rule.
- Examples include plasticized component parts, certain screen-printing inks, plastic skid-stoppers/no skid grippers on the bottom of one-piece pajamas
- Third-party testing: Children’s products must be tested for compliance to applicable safety rules by a third-party, CPSC-accepted laboratory.
- Certification: Domestic manufacturers or importers of children’s products must generate a Children’s Product Certificate (CPC) certifying compliance to the applicable safety rules and ensures that a CPC accompanies the distribution of the product.
- Tracking label: Children’s products must bear distinguishing, permanent marks on the product and any packaging that allow consumers to ascertain the identity of the manufacturer or private labeler, date and place of manufacture, detailed information on the manufacturing process (i.e., batch or run number), and the specific source of the product (e.g., address of the specific manufacturing plant).
- A Federal Trade Commission (FTC)’s Registration Number (RN) can be used in the place of a Manufacturer, Importer, or Private Labeler name.
Apparel may be subject to additional regulatory requirements by the Federal Trade Commission (FTC) and, for imported goods, by U.S. Customs and Border Protection (CBP).
A few helpful documents discussing these requirements can be found at:
- FTC: Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts (Registered Identification Numbers)
- FTC: Clothes Captioning – Complying with the Care Labeling Rule
- CBP: What Every Member of the Trade Community Should Know About Textile & Apparel Rules of Origin
- CBP: Basic Importing and Exporting
Please contact those agencies with any questions you may have on their requirements.