CPSC Publishes Notice of Proposed Rulemaking within Federal Register for Infant Support Cushions

Jan. 17 2024

On January 16, 2024, the U.S. Consumer Product Safety Commission (CPSC) staff published within the Federal Register a Notice of Proposed Rulemakings for a Safety Standard for Infant Support Cushions (16 CFR 1243).Section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (Commission or CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standard if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for Infant Support Cushions in response to the direction under Section 104(b) of the CPSIA.An Infant Support Cushion is defined as an infant product that is filled with or comprised of resilient material such as foam, fibrous batting, or granular material or with a gel, liquid, or gas, and which is 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. This includes but is not limited to infant positioners, nursing products with a dual use for lounging, infant loungers, and infant props or cushions used to support an infant.Currently, there is no voluntary or mandatory safety standard for Infant Support Cushions. The American Society for Testing and Materials (ASTM) has created a workgroup for Infant Loungers and the ASTM subcommittee is in the process of creating a safety standard for Infant Loungers. The NPR is based partially on the work completed by the ASTM subcommittee for Infant Loungers with additional requirements.The NPR for Infant Support Cushions proposes general requirements for lead in paint, small parts, hazardous sharp edges and points, toy requirements, side height, removal of components, and permanency of labels. Performance requirements include a seam strength test, requirements for bounded openings, maximum incline angle of the product, a firmness test, a sidewall angle test, and a stipulation that the product shall not include a restraint system.The Commission also intends to amend the consumer registration rule, 16 CFR 1130, to identify Infant Support Cushions as durable infant or toddler products thus requiring consumer registration cards for Infant Support Cushions.Once a Final Rule is approved and published in the Federal Register, the tentative effective date will be 180 days from the date of publication within the Federal Register.Public comments on the Infant Support Cushion NPR may be submitted up to March 18, 2024.Additional Information:To view the NPR for Infant Support Cushions: https://www.govinfo.gov/content/pkg/FR-2024-01-16/pdf/2023-27324.pdf To post comments, visit https://www.regulations.gov, and enter docket number “CPSC-2023-0047”How Does this Impact You? Contact Us to DiscussWe evaluate over half a million toy and juvenile products annually worldwide. This gives us with a broad perspective of the hazards associated with a wide range of children’s products. Our quality assurance services for toy and juvenile products include both testing services to help assess if your product meets required governmental regulations and industry standards as well as a variety of specialized services including age grade evaluations, design evaluations, and product line reviews. If you have any questions, please contact your customer service representative or email: info@us.bureauveritas.com 24B-004

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