Specifically the Commission's investigations found that an unspecified number of infant's one-piece sleepers the company manufactured and sold nationwide in the 12 month period following the effective date (July 29, 1972) of the Standard for the Flammability for Children's Sleepwear (DOC FF 3-71), were not labeled with "prominent, permanent and conspicuous cautionary labels" as required under the Act. Section 5(b) of the Standard allowed noncomplying children's sleepwear, up to and including size 6X, manufactured between July 29, 1972 and July 28, 1973, to be marketed providing they were labeled "Flammable (Does Not Meet U.S. Department of Commerce Standard DOC FF 3-71). Should not be worn near sources of fire." In the case of Stayon pajamas only the boxes containing the garments were marked with paper sticker flammability warning labels.
Stayon Products Inc. agreed to attempt to recall all noncomplying garments in styles 1054, 1055, 31075, 31077 and any other styles manufactured from July 29, 1972 to July 28, 1973 and sent a recall letter in November, 1974 to all accounts instructing the return of any such improperly labeled children's sleepwear for proper relabeling, credit or full refund.
This agreement is for settlement purposes only and does not constitute an admission by the company that it has violated the law. Any future violation of this consent agreement by the company could result in the assessment of substantial civil penalties.
The complaint and consent order will remain on the public record for 60 days through January 9, 1976, during which time any interested person may submit comments to the Office of the Secretary, Consumer Product Safety Commission, 1750 K Street, N.W., Washington, D.C. 20207.
After considering any comments, the Commission may finally accept the agreement or withdraw its provisional acceptance.
For additional information about this consent order, contact the Bureau of Compliance, Consumer Product Safety Commission, 5401 Westbard Avenue, Bethesda, Maryland 20207. This announcement is being made in the public interest.