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Infant Girl's Garments

CPSC Recall #03-055 - December 19, 2002

Recall Summary

Recall Number03-055
Recall DateDecember 19, 2002
Remedy TypeRefund
Units AffectedAbout 3,000
Manufactured InChina

Where It Was Sold

Kmart stores nationwide exclusively sold these garments from August 2002 through October 2002 for between $10 and $13.

Product

Infant Girl's Garments

Description

WASHINGTON, D.C. - In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Wear Me Apparel Corp., of New York, N.Y., is voluntarily recalling about 3,000 infant girls' garments. The paint on the "smiley face" zipper-pull attached to the sweat jacket of these garments contains lead. Young children could ingest lead from the zipper-pull, presenting a lead poisoning hazard.Wear Me Apparel Corp. and CPSC have not received any reports of injuries involving these garments. This recall is being conducted to prevent the possibility of injury.The recalled garments were sold under the "Joe Boxer" brand name in sizes 12-months through 18-months and size 24-months. The garments were sold as sets that include a light tan sweat jacket with the word "Smile" embroidered on the front and a painted "smiley face" yellow zipper-pull and red sweat pants. Only style numbers 40801002 and 40801003 are included in the recall and can be found on the reverse side of the care label. Writing on the collar label includes "MADE IN/HECHO EN CHINA."Kmart stores nationwide exclusively sold these garments from August 2002 through October 2002 for between $10 and $13.Consumers should return the clothing sets to any Kmart store to receive a full refund. For additional questions, consumers can contact Wear Me Apparel Corp. at (212) 842-6172.

Hazard

The paint on the "smiley face" zipper-pull attached to the sweat jacket of these garments contains lead. Young children could ingest lead from the zipper-pull, presenting a lead poisoning hazard.

Incidents & Injuries

Wear Me Apparel Corp. and CPSC have not received any reports of injuries involving these garments. This recall is being conducted to prevent the possibility of injury.

Remedy Instructions

Consumers should return the clothing sets to any Kmart store to receive a full refund.

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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