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U.S. Court of Appeals Vacates CPSC Rule on Custom Window Coverings

SafeGuardSHardgoodsSeptember 20, 2023

SG 120/23

CPSC rule on custom window coverings vacated and remanded by U.S. Court of Appeal.

On September 12, 2023, the U.S. Court of Appeals for the D.C. Circuit unanimously ruled in favor of the Window Covering Manufacturers Association (WCMA) in their petition for a review of a CPSC rule for custom window coverings. The court decision vacates the CPSC’s rule and remanded the matter back to the CPSC. Currently, there is no official announcement from the CPSC on whether it plans to appeal the decision of the court or restart the rulemaking process.

The CPSC promulgated a rule on November 28, 2022, establishing a safety standard (16 CFR 1260) for operating cords on custom window coverings. It aimed to reduce the risk of strangulation from window covering cords to children aged eight years old or younger. On November 30, 2022, the WCMA filed a lawsuit challenging the rule and its compliance deadline and the US Court of Appeals granted a motion to stay the CPSC rule.

The industry updated version of the standard, ANSI/WCMA A100.1-2022, eliminates the use of free hanging operating cords, free hanging tilt cords, and multiple cord connectors on all custom window covering products. The compliance date for this updated standard is June 1, 2024.

U.S. Court of Appeals for the D.C. Circuit Opinion - Window Covering Manufacturers Association v. CPSC

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Dennis Lancion 3

Dennis Lancion

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