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Boys' and girls' pajamas

CPSC Recall #75-021 - March 4, 1975

Recall Summary

Recall Number75-021
Recall DateMarch 4, 1975
Remedy TypeRefund

Where It Was Sold

The sleepwear was sold during the summer of 1973 primarily to small retail shops in the Eastern United States.

Product

Boys' and girls' pajamas

Description

WASHINGTON, D.C. (March 5) -- The U.S. Consumer Product Safety Commission today informed consumers that a small number of boys' and girls' pajamas made by S. Schwab Company, Inc., Upper Potomac Industrial Park, Cumberland, Maryland, failed to pass the flammability test for children's flame retarded sleepwear sizes 0 to 6X. The pajamas were sold under the Schwab brand name, style "1170, Lot 953." Forty-two-and-a-half dozen pajamas were involved. The pajamas were 50 percent nylon and 50 percent polyester and came in two colors: pink with white dots and white lace trim and turquoise with white dots and white lace trim. The sleepwear sold in sizes small, medium and large, designated 1, 2, and 3, individually boxed, with each box bearing this label: "Flame Retardant Complies with Federal Stan'd. DOC FF 3-71." The sleepwear was sold during the summer of 1973 primarily to small retail shops in the Eastern United States. The Commission has provisionally accepted a consent agreement signed by S. Schwab Company. As part of the agreement, the Company has agreed to notify their retail purchasers and to conduct a recall of the non-complying garments. Richard D. Schwab and Leonard C. Schwab, the firm's principal officers, also signed the agreement. Consumers who bought this sleepwear should return it to the store where it was purchased or to the manufacturer. A consent agreement is a legal document in which the company involved usually agrees to stop manufacturing or selling non-complying goods, notify known purchasers and initiate a recall. The action on the part of the company is voluntary, and the company does not admit guilt in agreeing to the terms. The company also agrees not to violate flammability standards in the future. A violation of a consent agreement could result in a civil penalty of up to $10,000 per violation. The complaint and consent order will remain on the public record through May 5, 1975, 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.

Hazard

The pajamas failed to pass the flammability test for children's flame retarded sleepwear sizes 0 to 6X.

Remedy Instructions

Consumers who bought this sleepwear should return it to the store where it was purchased or to the manufacturer.

What Should You Do?

Stop using this product immediately. Contact the manufacturer for a Refund at no charge. If you experienced an injury, report it at SaferProducts.gov.

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Frequently Asked Questions

Follow the consumer action instructions in the recall notice above. Most recalls require you to stop using the product and contact the manufacturer directly, either by calling the toll-free number listed in the official CPSC notice or by visiting the manufacturer's website. You generally do not need a receipt or original packaging to claim a remedy. The manufacturer is legally required to provide the remedy (Refund) at no cost to you.

Yes. If you were injured by a defective consumer product, whether recalled or not, you may have grounds for a product liability claim against the manufacturer and potentially the retailer. A recall notice can serve as evidence that the manufacturer was aware of the defect. Injuries that may support a claim include burns, lacerations, fractures, electric shock, choking incidents, and chemical exposure. Most product liability attorneys work on a contingency fee basis, meaning you pay nothing unless you win. Consult an attorney promptly, as statutes of limitation vary by state.

In most cases, no. CPSC-coordinated recall remedies are designed to be accessible without proof of purchase. Manufacturers typically ask consumers to self-certify ownership and may ask for photos of the product or its serial number. Some manufacturers request that you mail in a portion of the product (such as a cut cord or removed component) as proof of disposal. Check the specific remedy instructions for this recall for exact requirements. If you registered your product at the time of purchase, the process is usually even simpler.

If the original manufacturer has gone out of business, the recall remedy may no longer be available through them. In this case, contact CPSC directly at 1-800-638-2772 or cpsc.gov for guidance. If the brand was acquired by another company, the acquiring company may have assumed recall obligations. In some cases where a remedy is unavailable, CPSC advises consumers to safely dispose of the product. If you were injured by the product of a defunct company, consult a product liability attorney, parent companies, distributors, and retailers may still bear liability in some circumstances.

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