Vol. 1317 | 03 Aug 2022

On May 16, 2022, President Biden signed the Safe Sleep for Babies Act of 2021 (SSBA), requiring inclined sleepers for infants regardless of the date of manufacture to be considered a banned hazardous product under the Consumer Product Safety Act (CPSA).

The Consumer Products Safety Commission (CPSC) proposes to codify the SSBA’s mandate that “inclined sleepers for infants” are a banned hazardous product based on:

  • Definition - ‘‘a 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 date - CPSC proposes to make the effective date for this ban November 12, 2022, consistent with 180-day period referenced by Congress.
  • Inventory - the ban applies to inclined infant sleepers that are manufactured before and after the effective date.
  • Preemption - The federal law would preempt any state regulations or performance standard for inclined sleepers for infants. The proposed rule is now open for comments, and the deadline for submitting comments is August 25, 2022.

The proposed rule can be viewed here: https://www.federalregister.gov/documents/2022/07/26/2022-15904/ban-of-inclined-sleepers-for-infants

For questions, please contact Harini Ramaswamy (harini.ramaswamy@intertek.com, +1 224-318-0220), or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1 847 212 8273).

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