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USA: CPSC codifies ban on inclined sleepers for infants

AUGUST 2023 - SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 16 August 2023, the Consumer Product Safety Commission (CPSC) published a final rule1 codifying the ban on inclined sleepers for infants. The rule was adopted in accordance with the Safe Sleep for Babies Act (SSBA)2, which was signed into law in 2022. The CPSC is now empowered to remove any products that do not meet the new requirements.

The inclined sleepers for infants are now defined as any product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to 1 year old.

Effective 15 September 2023, it is prohibited to manufacture, sell, distribute, or import certain inclined sleepers for infants, regardless of the date of manufacture. The ban on inclined sleepers entered into force on 12 November 2022. However, the CPSC needed to finalise a rule to codify the ban in its regulations.

The Infant Sleep Products (ISP) rule became operative on 23 June 2022 and applies to products “marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age’’ that are not subject to another CPSC sleep standard. The ISP rule requires that the seat back or sleep surface angle for these products be 10 degrees or less from horizontal when measured as specified in 16 CFR Part 12363.

The commission recognises the overlap of the SSBA and the ISP rule and emphasizes that only a subset of the products is subject to the bans. Implementing a testing and certification program may be considered in the future based on additional information collected.

[1] 16 CFR Part 1310

[2] Safe Sleep for Babies Act

[3] 16 CFR Part 1236


 

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