Kenya to refund US buyers over 'unsafe' baby jeans

Kenya will have to refund more than Ksh375 million ($2.6 million) for over 100,000 Kenyan-made pairs of baby jeans recalled by the US over safety concerns.

This happens as Kenya Bureau of Standards (Kebs) distances itself from the recalled jeans saying it is not responsible for the mess.

The jeans, made in different Export Processing Zones (EPZ) in Kenya for babies and distributed at retail outlets in America, were recalled over faulty features.

Kebs on Thursday absolved itself from the matter saying its mandate is only to certify goods consumed within the country and those with agreement with it within the East African Community (EAC).

“Products destined for export are not subjected for certification. There is no policy requiring export verification by Kebs since the products are meant to meet standards for the export country, not Kenyan standards,” said Kebs.

The agency said legal notice number 78 of 2020 exempts materials imported by EPZ from inspection on the same basis that the same products are not intended for local markets.

Already, investigations have begun regarding how the defect consignment managed to pass the Consumer Product Safety Commission (CPSC’s) oversight, which serves as the US counterpart to Kebs.

“We are gathering details regarding the issue, but we suspect foul play. We intend to give more details soon after we get details from the consignment originator,” said Kenya Export Manufacturers Association (Kema) Vice Chairman Thomas Puthoor.

The recall of more than 100,000 pairs of jeans made in Kenya by the US over safety concerns could threaten confidence in a sourcing locale working to attract new business and strengthen US ties.

The CPSC recalled the apparels made in Kenya for babies and distributed at retail outlets for being substandard and containing choking hazards.

The commission issued the order on August 10, 2023, with The Children’s Place, the largest children's specialty apparel retailer in North America, expected to offer refunds to customers.

Children’s Place has nearly 1,000 stores across the United States and Canada.

Typically, manufacturers bear the costs associated with defective products.

According to the CPSC, the baby jeans feature metal snaps that could fall off and potentially choke babies and toddlers with one case reported in the US.

The recall post by the commission applies to two jeans styles, with 97,400 sold in the US and another 1,800 sold in Canada. The jeans have been on sale since September last year, going for $25 (Ksh3,603) per piece.

“Consumers should immediately take the recalled jeans away from children and return the jeans to any The Children’s Place store for a full refund. The Children’s Place is notifying all known purchasers,” read the statement by the commission.

The affected styles are the Baby and Toddler Boy Basic Stretch Straight Leg Jeans sold in sizes 6-9 months to 5T with the style number 3022341 in the Dustbowl Wash from vendor number 7000541, which was sold from September 2022 through March 2023 while 3022342 in the Telford Wash from vendor number 7000541 was carried in stores from January to June this year.

The notice by Health Canada - the department of the Government of Canada responsible for national health policy - says the affected products must be identified by locating the style number 3022341 and vendor number 7000541 only.

“Products with a different vendor number are not covered by this recall,” said the agency.

“As of August 9, 2023, the company has received no reports of incidents or injury in Canada. In the United States, the company has received one report of a detaching snap and no report of injury,” the Canadian government said in the recall notice.

Children’s apparel products commonly face compliance problems. CPSC recalled flammable children’s pyjamas in June and February while Amazon robes were similarly found to put children at risk of suffering burn injuries.