The Commerce Commission today closed its investigation into The Warehouse 'Red Stamp' brand pyjamas after receiving test results confirming the nightwear complied with the product safety standards for children's nightwear.

The investigation was opened following two recent complaints regarding children who suffered burns while wearing the pyjamas. The Commission had the pyjamas tested by an independent laboratory to determine whether the pyjamas met the relevant tests for garments that are styled to reduce fire danger.

Stuart Wallace, Acting Director of Fair Trading, said that the pyjamas passed both the dimension requirements for close fitting garments and the surface burn after washing test. Compliance with each is required for a garment to carry the 'low fire danger' label as set out in the safety standards.

"However, low fire danger does not mean no fire danger," Mr Wallace said, "all clothing and fabric will burn.

"While the aim of the product safety standard is to reduce the danger of night garments catching fire or the likelihood of them burning if they do catch fire, there is always a risk when children are near heat sources. Extreme vigilance is needed."

Under the current Australia and New Zealand standards, tight fitting children's pyjamas do not need to be made of low-fire-danger material because the design reduces the risk of catching fire. However, the Ministry of Consumer Affairs, which sets standards for product safety, has confirmed it will review the Commission's test results and consider whether tight fitting pyjamas should also have to be made of low-fire-danger material.

Background

Under the Fair Trading Act 1986, the Commerce Commission is responsible for enforcing a number of mandatory safety standards, designed to prevent or reduce the risk of injury. The Ministry of Consumer Affairs' role is to develop consumer policy, including product safety policy.

The Product Safety Standards (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Regulations 2005 require all businesses involved in the manufacture, distribution and sale of children's nightwear and some daywear to comply with AS/NZS 1249:2003 : Children's nightwear and limited daywear having reduced fire hazard.

The safety standard aims to ensure that all garments that are suitable for nightwear are either designed to reduce the danger of catching fire or are made of fabrics or treated so that they are less likely to burn if they do catch fire. For example, a nightgown-style garment would be likely to catch fire more easily than would a fitting pair of cotton pyjamas.

The safety standard defines children's night clothes as any garments suitable for nightwear for children's sizes 00-14. This includes some daywear such as knitted all-in-one garments from sizes 00-2 years. It does not include T-shirts or leggings.

All garments covered by the safety standard must have correct labels permanently attached and clearly visible. If the garment consists of two or more pieces, such as pyjamas, then both pieces must be labelled.

All fabric is flammable and the use of domestic heating at night time poses an additional hazard.

Regulations in the form of Product Safety Standards for children's nightclothes were put in place in 1987.

The mandatory requirements were established to reduce the risk of serious injury and death to children as a result of accidents involving children's nightwear and fire through:

· excluding from the market children's nightwear that presents an unacceptable level of fire risk

· requiring garment design restrictions where the fabric poses a high flammability risk, and

· ensuring appropriate marking and labelling of the fire hazard of children's nightwear to allow consumers to make informed choices.