Fisher-Price’s Rock ‘n Play, which was introduced in 2009, became a popular incline infant sleeper. The Rock ‘n Play sleeper, with its nest-like comfort, inclined resting position and automatic rocking function, was praised as a sleeper that helps infants fall asleep faster and for longer. Rock ‘n Play sleepers and other inclined infant sleepers were recalled after infants died while using them. Rock ‘n Play recalled nearly 5,000,000 dangerous sleepers after they were linked to 70 infant deaths. Recent legislative developments have raised safety standards to prevent inclined baby sleepers being manufactured or sold in America.
Recall
In May 2022, due to the severity of the recall as well as the large number of infant sleepers that were not accounted for on the market, President Joe Biden signed into law the Safe Sleep for Babies Act of 2021. The law prohibits the sale and manufacture of crib bumpers and inclined sleepers. The law bans inclined sleepers and crib bumpers.
The SSBA rules went into effect on November 12, 2022. However, the 2023 CPSC final rules provide clarifications for the implementation of SSBA. The final rule 16 CFR 1310 details the specific terms of banned products.
The SSBA prohibits inclined sleepers, crib bumpers and their manufacture, sale, importation and distribution into the United States. The CPSC has continued to work on enforcement of the SSBA since it came into force last year. This includes a comprehensive outreach to manufacturers, sellers, and importers. The CPSC is educating manufacturers, importers, and sellers about the new law and ensuring that they are aware of their obligations. The CPSC standard includes additional requirements. The CPSC standard requires that any infant sleep product that does not meet an existing CPSC standard be tested in order to ensure that the angle of sleep surface is at least 10 degrees and that it meets the safety standard of the agency for bassinets or cradles.
Although the SSBA speaks specifically to inclined infant sleeping products (designed for sleeping), it is important to understand the reasoning behind the rule when comparing other infant products, which are not designed for sleeping but are frequently used to sleep. The CPSC regulations also warned parents against letting babies sleep in strollers or car seats. Infants often fall asleep in car seats.
Advice to Parents
It is not recommended that parents use or buy inclined infant sleepers. This includes those sold in second-hand shops and online marketplaces. They have been recalled because they are unsuitable for sleeping. It is generally recommended that parents do not allow their infants to sleep in unsupervised products such as car seats, loungers and pillows.
In the United States, many corporations have made substantial profits by selling millions of sleepers that are dangerously inclined. My experience in prosecuting companies that manufacture defective infant products has led me to believe that they knew about the risks long before the recall. Many injuries could have easily been avoided.
The article Infant Sleepers in Inclined Positions Banned first appeared on Attorney at Law Magazine.