CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

AUS: ACCC SEEKS FEEDBACK FOR INFANT SLEEP PRODUCTS

AUGUST 2022 - SOFTLINES,TOYS AND CHILDREN'S PRODUCTS

On 11 August 2022, the Australian Competition and Consumer Commission (ACCC) released a consultation paper¹ that considers policy options to reduce the risk of death and injury associated with infant sleep products, including inclined sleep products and inclined non-sleep products.

This consultation paper outlines a range of proposed regulatory options which aim to prevent infant injuries and deaths caused by inclined and other products when used for sleep. It also includes questions about whether the existing mandatory safety standards for folding cots and household cots should be updated. Submissions to the consultation paper are due by 11 September 2022.

Product Scope

This consultation relates to all “Infant Sleep Product” that has a surface on which an infant may lie which creates a sleep environment, including products that soothe or settle. Examples include baby hammocks, bassinets, bedside sleepers, household cots and folding cots.

Products that are excluded from further regulation proposals:

• Products that are already subject to mandatory standards;
• Sleep accessories such as toys, infant pillows and sleep position wedges;
• Inclined non-sleep products where the infant is at 90 degrees from the horizontal such as highchairs or baby seats;
• Products that are designed to carry infants on body of another person such as slings;
• Medical devices that are regulated by the Therapeutic Goods Administration.
  
  

Policy Option – Infant Sleep Products

The ACCC’s preliminary view is that a permanent ban would be the most effective to prevent the supply of the highest-risk inclined sleep products with an incline greater than 7 degrees in the Australian market in the short term while a holistic information standard and holistic safety standards are developed. The ACCC suggests this holistic mandatory standard for infant sleep products would function in a similar manner to Canada’s Cribs, Cradles & Bassinets regulations² which include overarching general requirements, followed by product-specific design and safety requirements.

Policy Option – Household Cots and Folding Cots

The ACCC’s preferred option is to incorporate the most updated relevant changes to the mandatory standard for household cots and folding cots, and allow suppliers to comply with recognized international standards where they are comparable and provide a similar, or better level of safety.

Transition Period

To comply with the new requirements, the ACCC would consider a 12-month (mandatory information standard) and an 18-month (new requirements in a mandatory safety standard) transition period from the date of commencement. The ACCC anticipates these transition periods provide reasonable time for the industry to clear stock that may not comply and source new stock that follows the new standards.

[1]  ACCC’s Consultation

[2]  SOR/2016-152