Federal Court Upholds Infant Sleep Product Rule

Advocate Andy

Consumer group applauds decision, says rule will protect infants

A federal district court upheld a rule issued by the Consumer Product Safety Commission (CPSC) relative to infant sleep products this week. The decision in the case of Finnbinn, LLC vs. CPSC means the new rule can continue to be implemented. The rule mandated specific safety requirements for sleep products for infants (babies up to 5 months), including that such products must have a sleep surface angle of 10 degrees or less.

The rule was slated to go into effect on June 23, 2022.

Upon learning of the ruling, Consumer Federation of America (CFA) issued a statement in support of the decision.

“We applaud the Court’s decision in Finnbin vs CPSC that allows the CPSC’s critically important, infant sleep product rule to remain in effect,” stated Rachel Weintraub, Legislative Director and General Counsel with Consumer Federation of America. “This decision affirms the CPSC’s clear authority to issue product safety rules, such as this rule, which is necessary to protect babies while they sleep.”

According to CPSC data and Consumer Reports’ investigations, inclined sleep products have been linked to at least 94 infant deaths, and at least 23 deaths are tied to previously unregulated flat sleep products, including in-bed sleepers.

The American Academy of Pediatrics recommends that infants should sleep alone on their back, and on a firm, flat surface in their own safe sleeping area – be it a crib, bassinet, or play yard that meets a federal safety standard – with no extra bedding, to help avoid suffocation and other dangers. Parents and caregivers should follow these evidence-based recommendations and discontinue the use of any product for infant sleep that does not align with them — including inclined sleepers, in-bed sleepers, and various other products covered by the CPSC’s Infant Sleep Product rule.

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Andy Spears is a middle Tennessee writer and policy advocate. He reports on news around public policy issues - education, health care, consumer protection, and more.

Nashville, TN

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