Why isn't it illegal to sell homemade car seat covers?

Nedra

Car-Seat.org Ambassador
Every time I am on eBay or Zulily or Craigslist, I come across aftermarket covers for car seats. Often these are specifically sold as "Britax Marathon" replacement car seat covers -- tailored to that particular seat (which is very popular) by taking apart a existing cover and making a pattern that directly matches it piece by piece.

This seems to me to be going beyond an aftermarket accessory. These covers aren't being used in addition to the seat --
They are being sold as replacements. FMVSS 213 has requirements about covers needing certain labels and a certain degree of flame retardants, right? If a "manufacturer" (even one operating out of their home sewing room) of a car seat cover isn't adhering to those requirements, isn't that illegal?


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ketchupqueen

CPST and ketchup snob
Staff member
NHTSA has no authority to regulate aftermarket products. So they can only regulate the factory covers themselves.
 

Nedra

Car-Seat.org Ambassador
NHTSA has no authority to regulate aftermarket products. So they can only regulate the factory covers themselves.


Hmmm...so (theoretically) could I fingerknit a strap with yarn and tie some large lobster claw clasps to the ends and sell it as a replacement lower anchor strap?


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ketchupqueen

CPST and ketchup snob
Staff member
Yes.

Someone might buy it too.

They are not legal to USE (in proper use states which is all but a few) but not illegal to make or sell.
 

Nedra

Car-Seat.org Ambassador
Yes.

Someone might buy it too.

They are not legal to USE (in proper use states which is all but a few) but not illegal to make or sell.


Ugh. Well, that's disappointing...

Could Britax sue them for using their product name in conjunction with a non-approved product?


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katymyers

Active member
One way to get them may be with CPSIA certification. Anything marketed as a children's product must pass federal safety regulations. You can actually report even WAHMs or Etsy sellers if they're not compliant.


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MUTigers

New member
It would likely cost them more to bring the suit than they would ever be able to recover. It's just not worth it.


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Aurezalia

Well-known member
Yeah, legality aside, enforcement is a HUGE barrier to these things. What government agency has the authority AND the budget and staff to actually track down and pursue thousands of etsy, hyenacart, and all the other "small business" sellers?
 

brightredmtn

Well-known member
It still baffles my mind that our infant seat has to have three giant warning labels on the fabric and crib bumpers are perfectly legal to sell and don't require at the very least a warning label.
 

Nedra

Car-Seat.org Ambassador
Reminds me of this lunacy (note, it's from TheOnion):
http://youtu.be/4VXT-keJWyE

Ok, one more serious question, though...do etsy or eBay or whatnot have rules against selling safety devices that don't meet federal standards? I am guessing not, because it happens so often....but if enough people reported them might they refuse to host those sales?



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TechnoGranola

Forum Ambassador
I sometimes question how much authority NHTSA has to regulate much of anything. /Still mad they can't do anything about illegal Chinese seats because they're not manufactured by US companies...


I am surprised you folks don't have an agency that can deal with this. In Canada we do and it's illegal to import them into Canada so border services is entitled to not allow them through. I am sure some of this crap makes it through, but at least we have policies that say they are illegal and that allows them to be confiscated.

Under Health Canada’s Restraint Systems and Booster Seats for Motor Vehicles Regulations, and in accordance with the Canada Consumer Product Safety Act, child, infant, and booster seats that do not comply with certain specifications of Transport Canada’s Motor Vehicle Restraint Systems and Booster Seat Safety Regulations (RSSR) must not be imported, advertised or sold in Canada whether by individuals or for commercial purposes. Furthermore, provincial and territorial legislation does not allow their use in Canada. Their laws are enforced on roadways by provincial and territorial police.

https://www.tc.gc.ca/eng/motorvehiclesafety/safedrivers-childsafety-notices-2007c09-menu-353.htm

So it is 2 other agencies that set the policy, not Transport Canada (which I think is comparable to your NHTSA?).
 

ketchupqueen

CPST and ketchup snob
Staff member
Making changes would require an act of Congress to give that authority to someone, I think. Good luck with that right now.
 

LISmama810

Admin - CPS Technician
We have border/port inspectors, but I think they're more concerned with drugs and nuclear weapons than car seat covers. That's probably pretty low on the list of priorities.
 

TechnoGranola

Forum Ambassador
We have border/port inspectors, but I think they're more concerned with drugs and nuclear weapons than car seat covers. That's probably pretty low on the list of priorities.


I was taking about the Chinese car seats, not the homemade covers. LOL But if importing them isn't illegal, border patrol can't do anything anyway.

I just brought it up because you said you were mad that nothing could be done about the Chinese seats. Not because I thought it was higher priority than other security risks in the USA. ;)
 

LISmama810

Admin - CPS Technician
I was taking about the Chinese car seats, not the homemade covers. LOL But if importing them isn't illegal, border patrol can't do anything anyway. I just brought it up because you said you were mad that nothing could be done about the Chinese seats. Not because I thought it was higher priority than other security risks in the USA. ;)

Yeah, I know. I mean, replace "homemade covers" with "illegal car seats." And I know you weren't suggesting they're more important than drugs or weapons, just pointing out the reality of the situation.

It gets tricky, because as far as I know, there's no federal law specifically banning the import of seats that don't meet FMVSS. But seats sold in the US need to meet the standards. But NHTSA seems to have authority only over legitimate manufacturers. There's this big gaping hole there. Yiren (or whatever the hell Chinese manufacturer) is breaking federal law by selling these things, but what's NHTSA going to do?
 

Brigala

CPST Instructor
That's one of the big problems in general in the US. It's not that we don't have laws against things (this illegal car seat thing is only one of many examples) it's that we don't have laws that grant authority to ENFORCE the laws. And when a problem arises, if you can get the legislature to enact anything at all, it's usually another redundant, impotent law with no enforcement authority or budget.

I'd love to see the legislature put a moratorium on creating new laws until after they've figured out a way to enforce the laws we already have (at least, the ones that are worth enforcing).
 

CTPDMom

Ambassador - CPS Technician
We have border/port inspectors, but I think they're more concerned with drugs and nuclear weapons than car seat covers. That's probably pretty low on the list of priorities.

Don't forget KinderEggs. They're very worried about KinderEggs too. :cool:

____________________

I have a chuckle to myself every time someone here or on FB posts about 'proper use' and 'it's illegal to use that xxxx on/with your car seat'...because we have laws, but even those that ARE enforceable we don't have enough cops/other enforcement agents with enough time and money to be EDUCATED about how to go about this enforcement AND the laws have no teeth (i.e. in most states CPS is secondary, and with a teeny tiny fine and no points).

The best we can do right now is educate, in a realistic way. (i.e. NO AFTERMARKET PRODUCTS EVAH!!!!! = NOT realistic, thorough explanation of unregulated products and that some are unlikely to be harmful and some can be deadly and how parents need to research to make that determination and that ultimately it's up to them to make these decisions for their own children = realistic)
 

joolsplus3

Admin - CPS Technician
Back when the Britax covers were just elastic on the edge of fabric, they were REALLY easy to copy, and there were millions of them on ebay.
Britax folks just didn't care, after some of us called and emailed. A few of us even bought them, but of course the price-to-quality ratio was pretty bad (that walmart fabric wasn't quite as nice as Britax stuff, go figure).

But yeah, echoing the wise folks before me, it's not exactly hi-pri(ority).
And Britax wouldn't feel any sting from it unless a child happened to be hurt in a crash and the lawyers went after the seat maker...anyone want to google for the last time that's happened? I assume that's the same reason Chicco happily licensed another company to make 'Chicco' carseat products: utter lack of fear of a lawsuit from a flying mirror or install-loosening seat mat.
 

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