CPSC Publishes Notice of Proposed Rulemaking within Federal Register for Nursing Pillows

Sep. 27 2023

On September 26, 2023, the U.S. Consumer Product Safety Commission (CPSC) staff published within the Federal Register a Notice of Proposed Rulemakings for Nursing Pillows (16 CFR 1242).

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 Nursing Pillows in response to the direction under Section 104(b) of the CPSIA.

A Nursing Pillow is defined as any product intended, marketed, or designed to position and support an infant close to a caregiver’s body while breastfeeding or bottle feeding. These products rest upon, wrap around, or are worn by a caregiver in a seated or reclined position. Currently, there is no voluntary or mandatory safety standard for Nursing Pillows. The American Society for Testing and Materials (ASTM) has created a workgroup for Nursing Pillows and the ASTM subcommittee is in the process of creating a safety standard for Nursing Pillows. The NPR is based on work completed by the ASTM subcommittee for Nursing Pillows.

The NPR for Nursing Pillows proposes general requirements for lead in paint, small parts, hazardous sharp edges and points, removal of components, and permanency of labels. Performance requirements include a firmness evaluation, an infant containment test, a ban on infant restraints, a seam strength test, and a test for the strength of a caregiver attachment component. The NPR also includes test methods for all tests, requirements for warning labels, and instructional literature requirements.

The Commission also intends to amend the consumer registration rule, 16 CFR 1130, to identify Nursing Pillows as durable infant or toddler products thus requiring consumer registration cards for Nursing Pillows.

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 Nursing Pillows NPR may be submitted up to November 27, 2023.

Additional Information:
To view the NPR for Nursing Pillows: https://www.govinfo.gov/content/pkg/FR-2023-09-26/pdf/2023-20156.pdf

To post comments: https://www.regulations.gov/document/CPSC-2023-0037-0001

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