Background

The Consumer Product Safety Commission has issued a final rule establishing a mandatory safety standard for infant sleep products that will take effect June 23, 2022.

This rule establishes a standard for products that (1) provide sleeping accommodations for infants up to five months of age and (2) are not currently covered by the standards for bassinets/cradles, cribs (full-size and non-full size), play yards, and bedside sleepers. Subject goods include frame-type, compact, and accessory inclined sleep products as well as non-inclined articles such as baby boxes, in-bed sleepers, baby nests and pods, rigid-sided and rigid-framed compact bassinets without a stand or legs, travel bassinets with soft padded or mesh sides, and baby tents.

This standard incorporates by reference ASTM F 3118-17a with modifications to require that (1) the seat back/sleep surface angle is 10 degrees or less from horizontal and (2) the infant sleep product meets the requirements for a bassinet/cradle in the standard at 16 CFR part 1218.

This rule also (1) identifies infant sleep products as a category of durable infant or toddler products under section 104(f) of the Consumer Product Safety Improvement Act, which requires the establishment of registration programs for such products, and (2) adds infant sleep products to the list of products that require third-party testing and certification.

For more information on this or other product safety issues, please contact Beth Ring at (212) 549-0133 or Ned Steiner at (202) 730-4970.

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