Here's something most compliance consultants won't tell you upfront: the majority of adult apparel products don't need expensive third-party lab testing.

The CPSC has a built-in exemption system using "disclaimers" that, when filed correctly, can save your brand $1,500–$5,000 per product in lab fees. But file the wrong one, and you're worse off than not filing at all.

The Two Disclaimers

Disclaimer A (Code 130.005)

"This product is not subject to any CPSC-administered rule, ban, standard, or regulation."

Use this when your product genuinely falls outside CPSC jurisdiction. Examples: - Raw materials sold B2B (not consumer-facing) - Industrial equipment - Products explicitly excluded by statute

Warning: If you file Disclaimer A for a product that IS regulated (even if exempt from testing), you've made a false declaration. That's a federal violation.

Disclaimer B (Code 130.006)

"This product is subject to a CPSC rule but is EXEMPT from third-party testing."

This is the one most apparel importers need. It applies when: - Your product IS regulated by a CPSC standard (like 16 CFR 1610 flammability) - BUT the product qualifies for an exemption from third-party testing - You still need a GCC, but it can be based on reasonable testing (your own or your supplier's)

When Adult Apparel Qualifies for Disclaimer B

The key regulation is 16 CFR 1610 (Standard for the Flammability of Clothing Textiles). Here's the exemption logic:

EXEMPT from third-party testing (use Disclaimer B): - Plain-surface fabrics that are NOT raised-fiber - Fabrics weighing ≥2.6 oz/sq yard - 100% cotton, linen, or wool (natural fibers) - Standard knit fabrics (jersey, rib knit, interlock)

NOT exempt (requires lab testing): - Raised-fiber fabrics (velvet, fleece, chenille, terry cloth) - Sheer/lightweight fabrics under 2.6 oz/sq yard - Synthetic blends with napped or brushed surfaces - Any fabric treated with flame-retardant chemicals

The Cost Difference

How to File Correctly

1. Determine if your product is children's or adult — children's products (under 12) can NEVER use disclaimers for CPC requirements
2. Check the fabric type — is it plain-surface, ≥2.6 oz/sq yard, natural fiber?
3. If exempt: Create a GCC based on reasonable testing, file with Disclaimer B (Code 130.006) in your PGA Message Set
4. If not exempt: Get third-party testing, create a GCC with actual lab data, file normally

The Filing Mechanics (Post July 8, 2026)

In the ACE eFiling system, your PGA Message Set will include: - PG01: CPSC agency code - PG07: Disclaimer code (130.005 or 130.006) - PG22: Product description - PG25: Country of manufacture

ClearPort AI's Disclaimer Bot automatically determines which disclaimer applies to your product based on the fabric type, weight, and construction — and generates the exact PGA message set your broker needs.

Common Mistakes

1. Using Disclaimer A when you mean Disclaimer B: Adult cotton t-shirts ARE regulated (flammability) but EXEMPT from testing. That's Disclaimer B, not A.
2. Applying disclaimers to children's products: Never. Children's products always need third-party testing and a CPC.
3. Forgetting the GCC: Disclaimer B exempts you from lab testing, NOT from having a General Certificate of Conformity. You still need one.
4. Not checking fabric construction: A cotton fleece is different from a cotton jersey — the fleece has a raised fiber surface and needs testing.

Not sure which disclaimer applies to your products? Try the Disclaimer Bot — it takes 10 seconds and could save you thousands.