U.S. CPSC Custom Window Covering Rule Vacated

On September 12, 2023, the U.S. Court of Appeals for the D.C. Circuit unanimously ruled in favor of the petition filed by the Window Covering Manufacturer’s Association (WCMA) relating to the U.S, Consumer Product Safety Commission’s (CPSC) rule for custom window coverings. As a result, the CPSC rule is vacated and the matter is remanded back to the CPSC.

Back in November of 2022, WCMA filed a lawsuit challenging the CPSC’s newly enacted rule entitled “Safety Standard for Operating Cords on Custom Window Coverings” which was published under 16 CFR 1260. Following this challenge, on January 10, 2023, the U.S. Court of Appeals granted a motion to stay the regulation while this lawsuit moved forward.

In this latest ruling, the courts voted in favor of the WCMA’s concerns raised regarding the rulemaking process and as a result have vacated the rule pushing it back to the CPSC. Therefore, at this time, it will remain that the requirements under 16 CFR 1260 do not need to be met. As a result of this judgement, CPSC will either need to start over the rulemaking process if they want to pursue a mandatory rule or they could appeal the court’s decision. At this time, the CPSC has not made any official announcement regarding its plans for custom window coverings as a result of this judgement.

The existing industry standard, ANSI/WCMA A100.1-2018, remains in effect covering both custom and stock window coverings. In addition, the standard’s subsequent 2022 revision, that has already been approved by ANSI, will officially take effect on June 1, 2024 for all new products manufactured or imported after that date. The ANSI/WCMA A100.1-2022 revision expands on the previous revision’s expectations to now require the vast majority of all window covering products sold in the U.S. to be either cordless operating systems or to have inaccessible or short cords. This standard revision eliminates the use of free hanging operating cords, free hanging tilt cords, and multiple cord connectors on all custom window covering products.

A copy of this court ruling can be found at the following website address:
https://www.cadc.uscourts.gov/internet/opinions.nsf/F7EB0322DF8099DC85258A28004F2502/$file/22-1300-2016387.pdf

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