Consumer Law at Your Fingertips

Consumer Product Safety

Flammable Fabrics

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) regulates flammable fabrics and furnishings. According to Wisconsin Statutes section 100.41, fabrics and furnishings must comply with federal standards adopted by the U.S. Consumer Product Safety Commission. The Commission has adopted flammability standards for a number of products including:

• Clothing textiles.
• Vinyl plastic film.
• Children’s sleepwear.
• Carpets and rugs.
• Mattresses and mattress pads.

DATCP may take action against sellers who violate federal or state standards. DATCP may:

• Adopt federal safety and labeling standards by rule, or enforce those standards directly.
• Ban the sale of a fabric or furnishing that poses an imminent safety hazard (regardless of whether there is an existing standard for that product).
• Prosecute law violations. A district attorney may seek a criminal penalty of $200 or 6 months in jail, or both, under Wisconsin Statutes section 100.26(1).