What is the CPSIA?

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CPSIA requires the following items to contain no DINP, DIDP and DnOP (the 3 prohibited phthalates) and less than 0.1% of phthalates DEHP, DBP or BBP (the 3 restricted phthalates):

toys for children of any age must not have any of the 3 prohibited phthalates
toys that can be placed in a child’s mouth must not have [...]

No, if your product is still intended for use primarily for children under 12 your product still falls under the CPSIA. In addition, by marketing and selling the clothes as a toy, what once may have only needed lead testing would now need phthalate testing as well.
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If you are concerned about the safety of an item, it is best to refer to the CPSC recall list.
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While the CPSIA may have been passed as a response to the recall of certain toys that included lead-based paint, the CPSIA was written to include ALL products intended for children under 12. Many people assume it only applies to toys because of the initial media coverage of the 2007 recalls and the subsequent coverage [...]

No law can guarantee anyone’s safety.  Even if followed to the letter in good faith by all manufacturers, however, CPSIA cannot guarantee that all products on the market will meet its standards, let alone that children will not find ingenious ways to hurt themselves with their toys.
Even if followed in good faith, violative products will [...]