The CPSC recently issued a direct final rule updating the mandatory safety standard for crib mattresses. This rule will enter into force May 3 unless the CPSC receives significant adverse comment by March 16, in which case it will be withdrawn.
Section 104(b)(1) of the Consumer Product Safety Improvement Act of 2008 requires the CPSC to assess the effectiveness of voluntary standards for durable infant or toddler products and to adopt mandatory standards for these products. The mandatory standard must be substantially the same as the voluntary standard, or it may be more stringent than the voluntary standard if the CPSC determines that more stringent requirements would further reduce the risk of injury associated with the product.
Section 104(b)(4)(B) of the CPSIA specifies the process for updating the CPSC’s rules when a voluntary standards organization revises a standard that the CPSC incorporated by reference under section 104(b)(1). The voluntary standards organization must first notify the CPSC of the revision, and once that occurs the CPSC may reject or accept the revised standard. If the CPSC does not reject the standard within 90 days of receiving notice of the revision, such standard will be considered a mandatory consumer product safety standard effective 180 days after the CPSC received notification of the revision or on a later date specified by the CPSC.
Following the required review of the revised voluntary standard for crib mattresses, ASTM F2933-25, the CPSC determined that the adopted changes (including new performance requirements and test methods regarding mattress firmness and coil springs, as well as clarifications to existing requirements) reduce risks such as suffocation and entrapment in gaps or otherwise improve the safety of these products.
Accordingly, the CPSC will allow ASTM F2933-25 to become a mandatory standard, with some retained modifications. Specifically, three modifications that address hazardous corner gaps, entrapment hazards for rigid-sided rectangular after-market products (i.e., non-full-size cribs), and references to requirements in ASTM standards, as required by other CPSC regulations, will be maintained in 16 CFR part 1241.
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