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CPSC children'sUnited StatesChildren's sleepwear

Does children's sleepwear need to be flame resistant?

Updated

Short answer

Yes, unless it is tight-fitting or an infant garment.

Children's sleepwear, meaning pajamas, nightgowns, robes and similar items intended mainly for sleeping, must meet the flammability standards in 16 CFR 1615 (sizes 0 to 6X) or 16 CFR 1616 (sizes 7 to 14). Loose-fitting sleepwear has to be flame resistant, which in practice means inherently flame resistant fabric or a flame retardant treatment. Two exceptions let cotton pajamas be sold: tight-fitting garments and infant garments sized 9 months or smaller. All of it needs third-party testing and a Children's Product Certificate (CPC).

What changes the answer

  • Tight-fitting. A garment qualifies only if it does not exceed the maximum chest, waist, seat, upper arm, thigh, wrist and ankle dimensions in the table in 16 CFR 1615.1(o) for its size, along with the other conditions in that definition. Measure each size; one oversized size breaks the exception for that size.
  • Infant garments. Sized 9 months or smaller, within length limits (one-piece up to 25.75 inches, each piece of a two-piece set up to 15.75 inches), meeting 16 CFR 1610 and 1611, and labeled with the size in months.
  • Not sleepwear. Diapers and underwear are excluded, and daywear is outside the standard. Whether a garment is intended primarily for sleeping depends on the facts; the policy in 16 CFR 1615.64 looks at its suitability for sleeping and how it is promoted and displayed, so loungewear sold as pajamas can be sleepwear.
  • Exempt items still need the general standard. Tight-fitting and infant garments must meet 16 CFR 1610, and the CPC should say which exception you rely on.

What to do

  1. Decide whether each style is loose-fitting sleepwear, tight-fitting sleepwear or an infant garment, and record the measurements for every size.
  2. For loose-fitting sleepwear, have a CPSC-accepted lab test fabric, seams and trim to the char length criteria in 1615 or 1616, before and after the required launderings.
  3. Add lead tests for snaps, zippers and prints, and the drawstring rule check for robes.
  4. Issue a CPC citing 1615 or 1616 (or 1610 for exempt garments) and the lead rules, and eFile it with the entry as required since July 8, 2026.
  5. Follow the labeling and recordkeeping rules in 1615 and 1616 for flame retardant treated items, including care instructions that protect the treatment.
HTS lines for children's sleepwear
  • 6108.31.00.20

    6108: Women's or girls' slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted

    Nightdresses and pajamas / Of cotton / Girls' (351)

    Girls' knit cotton nightdresses and pajamas.

    General rate
    8.5%
    Free or reduced under 14 programs
  • 6107.21.00.20

    6107: Men's or boys' underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted

    Nightshirts and pajamas / Of cotton / Boys' (351)

    Boys' knit cotton nightshirts and pajamas.

    General rate
    8.9%
    Free or reduced under 14 programs
  • 6111.30.50.15

    6111: Babies' garments and clothing accessories, knitted or crocheted

    Of synthetic fibers / Blanket sleepers (239)

    Babies' knit synthetic blanket sleepers.

    General rate
    16%
    Free or reduced under 14 programs

Next steps

Frequently asked questions

Can I sell loose cotton pajamas for kids?
Only as infant garments sized 9 months or smaller. Above that size, untreated loose cotton pajamas generally do not pass 1615 or 1616, which is why cotton kids pajamas are usually made tight-fitting.
Are robes children's sleepwear?
Yes. The 1615.1(a) definition names robes as items related to sleeping. A robe in sizes covered by the standard must pass it or meet an exception.
Is a onesie sleepwear?
A one-piece garment sized 9 months or smaller that meets the infant garment definition is excepted. A larger sleep-and-play suit marketed for sleeping is sleepwear and must be flame resistant or tight-fitting.

Sources

  1. 16 CFR part 1615, Standard for the flammability of children's sleepwear: sizes 0 through 6X, eCFR, National Archives
  2. 16 CFR part 1616, Standard for the flammability of children's sleepwear: sizes 7 through 14, eCFR, National Archives
  3. 16 CFR 1615.1, Definitions, including tight-fitting garment, eCFR, National Archives
  4. Clothing FAQ, U.S. Consumer Product Safety Commission
  5. Certificates of Compliance final rule (eFiling), published January 8, 2025, Federal Register

This is general information drawn from the official sources linked above. It is not legal advice. Rules change and often turn on the facts of your product, so confirm your test plan with an accredited lab and your obligations with qualified counsel before you import or sell.