Legal News

Kohl's Department Stores, along with several sweatshirt manufacturers agreed to pay a total of $600,000 in fines over children's sweatshirts with drawstrings. About 170,000 children's sweatshirts have been recalled over the risk of strangulation posed by neckline drawstrings.

In 2006, the Consumer Product Safety Commission announced that children's upper outerwear with drawstrings at the neck would be considered as presenting a substantial risk to young children and would be deemed defective. Retailers are bound by law to inform the CPSC if they have sold any such children's clothing with neckline drawstrings.

Kohl's agreed to pay the largest of the recently announced fines: $425,000. In 2008, Kohl's paid a $35,000 fine for a similar violation. Hill Sportswear, maker of the sweatshirt whose drawstring strangled a 3 year old Fresno, California boy last year after getting caught in a playground set, agreed to pay a $100,000 fine. Two other manufacturers agreed to pay a combined $85,000 in fines.

Here are the recalled sweatshirts:

• 120,000 Hill Sportswear Kid Pullover Hood and Kid Zipper with Hood sweatshirts sold at various small Texas and California retailers from 2003 through 2008 for about $8.
• 40,000 Seattle Cotton Works branded hooded sweatshirts sold exclusively at Kohl's nationwide in 2009 for about $17.
• 6,000 Squeeze Kids Girl's Corduroy Jackets sold exclusively at TJ Maxx nationwide in 2007 for about $13.
• 5,740 Raw Blue Sportswear hooded sweatshirts sold at TJ Maxx, Mega Trends, Moonstone Shirts and MP Trading stores nationwide in 2007 for between $30 and $40.

Related Resources:

• Companies Fined for Selling Dangerous Kids' Clothes (USA Today, August 2008)
• Fourteen Firms Agree to Pay More than $1 Million in Penalties for Failing to Report Drawstrings (CPSC, April 2009)
• Back to School Safety Tips (CPSC)
• Personal Injury from Defective Products (provided by Frederick J Brynn PC)
• The Wrongful Death of a Child or an Elderly Person (provided by Law Offices of Barry Levinson)