The Consumer Product Safety Commission has issued a final rule that will establish a mandatory safety standard for infant support cushions, effective 180 days after Nov. 4 (approximately May 4, 2025).
According to the CPSC, covered infant support cushions are filled with or comprised of resilient material such as foam, fibrous batting, or granular material or with a gel, liquid, or gas and are marketed, designed, or intended to support an infant’s weight or any portion of an infant while reclining or in a supine, prone, or recumbent position.
Examples include head positioner pillows, flat baby loungers, crib pillows, wedge pillows for infants, infant sleep positioners (unless regulated by the Food and Drug Administration as medical devices), stuffed toys marketed for use as an infant support cushion, infant “tummy time” or “lounging” pillows, multi-purpose pillows marketed for both nursing and lounging, anti-rollover pillows with or without straps that fasten the pillow to the infant, infant self-feeding pillows that hold a bottle in front of the face of a reclining or lying infant, pads and mats, and accessory pillows and other padded accessories, often marketed for use with an infant car seat, stroller, or bouncer.
The following products are not within the scope of this rule: pillows not marketed, designed, or intended for use by infants, such as adult bed and throw pillows; nursing pillows if subject to the FMC’s final rule for nursing pillows (unless also marketed for lounging); regulated crib and play yard mattresses; purely decorative nursery pillows not marketed, designed, or intended for infant use; stuffed toys (unless they meet the definition of an infant support cushion in this rule); padded seat liners sold with a rocker, stroller, car seat, infant carrier, swing, highchair, or bouncer that are specifically designed to fit that product; padded seat liners and inserts for a rocker, stroller, car seat, infant carrier, swing, highchair, or bouncer that are sold separately by the manufacturer as a replacement part and specifically designed to fit that product; and sleeping accommodations regulated under the CPSC’s infant sleep product rule.
In addition, this rule does not change the existing ban on infant cushions, infant pillows, and similar articles that are (1) made with a flexible fabric covering, (2) loosely filled with granular materials, such as polystyrene beads or pellets, (3) easily flattened, (4) capable of conforming to the body or face of an infant, and (5) intended or promoted for use by children under one year of age.
This rule will require infant support cushions to comply with product registration requirements for durable infant or toddler products as well as testing and certification requirements for children’s products.
For more information on compliance with this and other product safety standards, please contact Beth Ring at (212) 549-0133 or Ned Steiner at (202) 730-4970.
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