CPSC ANPR Seeks Comments on Possible Amendment to Ban on Certain Infant Cushions/Pillows

(The CPSC defines infant cushions/pillows or pillow-like products as those intended for use by infants less than one year of age, including, but not limited to, nursing pillows, infant beanbag seats or carriers, infant sleep aid pillows or similar products.)

Existing Ban on Certain Infant Pillows/Cushions

The current regulations under 16 CFR 1500.18(a)(16)(i) ban infant pillows/cushions that: (1) Have a flexible fabric covering; (2) are loosely filled with a granular material, including but not limited to, polystyrene beads or pellets; (3) are easily flattened; (4) are capable of conforming to the body or face of an infant; and (5) are intended or promoted for use by children under one year of age.

Risk of Injury from Infant Pillows/Cushions May Have Changed

According to the CPSC, at the time of the ban in 1992, the recommendation from pediatricians was to place infants to sleep in the prone position (on the stomach). In all infant cushion/pillow related deaths between 1985 and 1992 where the position could be ascertained, the infant was in the prone position, and was therefore likely a major contributing factor to the suffocation and death of the infant.

The CPSC states that since the launch of the Back to Sleep campaign, a campaign recommending that infants be placed on their backs when put to sleep (the supine position), there has been a dramatic drop in the number of sudden infant death syndrome (SIDS) incidents in the U.S. The CPSC states that the same risk posed by placement in the prone position is not likely to be posed when infants are placed in the supine position and that, accordingly, the current regulation should be reexamined to evaluate the likely use patterns of certain infant cushions/pillows, and any associated risk of injury.

According to the CPSC, there has been a proliferation of infant cushions/pillows or pillow-like products in the marketplace in all different shapes and sizes that meet some or all of the criteria set forth in the ban. The CPSC believes that an examination of these different types of infant cushions/pillows or pillow-like products may now be warranted, given their proliferation in the marketplace and their varying characteristics, including sizes, shapes and uses.

CPSC to Decide Whether to Issue a Proposed Rule

The CPSC explains that after considering any comments submitted in response to the ANPR, it will decide whether to issue a proposed rule. Possible approaches include:

Exempt certain infant cushions/pillows from ban. Amending the existing ban to exempt certain infant cushions/pillows and pillow-like products, if the CPSC finds that such products do not present an unreasonable risk of injury. If an exemption is granted, it could still consider a labeling requirement if it found that such warnings were necessary.

Delete, revise or add criteria to ban. Amending the existing ban by deleting, revising or adding criteria, as it found necessary to adequately address any risk of injury.

Leave existing ban unchanged. Leaving the existing ban unchanged if it finds that the existing banning criteria adequately address the risk of injury.

Repeal existing ban. Repealing the existing ban if it finds that the currently banned certain infant cushions/pillows and pillow-like products no longer present an unreasonable risk of injury.

(See ITT's Online Archives or 10/18/05 news, 05101899 3, for BP summary of the CPSC's notice requesting comments on a petition to amend the ban on certain infant pillows/cushions and pillow-like products promoted for nursing and requested by a pediatrician or board certified lactation consultant, which CPSC states currently fall within the scope of the ban.)

-written comments must be received by November 27, 2006

CPSC Contact - Suad Wanna-Nakamura (301) 504-7252

CPSC ANPR (FR Pub 09/27/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-8265.pdf