However, the rule under the FFA also establishes a list of fabrics that have been determined will necessarily and consistently meet the flammability standard. In light of that determination, relying on our authority and discretion as a law enforcement agency, the Commission will not pursue enforcement action regarding a lack of certification for apparel made entirely from one or more of the listed fabrics.
Based on the data collected, and excluding the tiny fraction of adult apparel that is not made of fabrics on the list, the industry has to produce over 26 million certificates at a cost of roughly $250 million each year. That is a quarter-billion dollar annual price tag for confidence the CPSC already has that these products meet the standard and present little risk.
Commissioner Mohorovic's statement is available at the CPSC website