CPSC Proposes to Exempt Certain Nursing Pillows from Infant Cushion/Pillow Ban, Etc.

1. a proposed rule to exempt the Boston Billow Nursing Pillow and substantially similar nursing pillows from the ban on certain infant cushions/pillows; and
2. a partial withdrawal of its September 2006 advance notice of proposed rulemaking (ANPR) to evaluate whether an amendment should be made to the existing ban on certain infant cushions/pillows or pillow-like products set forth in 16 CFR 1500.18(a)(16)(i).¹

Proposed Rule Would Exempt Boston Billow/Similar Nursing Pillows from Ban

The CPSC has issued a proposed rule to exempt the Boston Billow Nursing Pillow and substantially similar nursing pillows from its regulations banning infant cushions/ pillows set forth in 16 CFR 1500.18(a)(16)(i).

(The Boston Nursing Pillow is a granularly filled, C-shaped pillow intended for use by mothers when breastfeeding.)

CPSC's review, conducted for its ANPR (see below), showed that when used for its intended purpose - nursing - the risk of infant suffocation on nursing pillows, including the Boston Billow Nursing Pillow, is very low. Based on this assessment, the CPSC preliminarily concludes that an exemption from the ban should be granted for the Boston Billow Nursing Pillow and substantially similar nursing pillows.

Therefore, the CPSC proposes to amend 16 CFR 1500.86 by adding a new paragraph (a)(9) to exempt the Boston Billow Nursing Pillow and substantially similar nursing pillows from classification as a banned toy or other banned article for use by children under the infant cushion/pillow ban in 16 CFR 1500.18(a)(16)(i).

Comments on the proposed rule must be received by October 3, 2008.

2006 ANPR on Infant Pillows/Cushions Partially Withdrawn

In July 2005, Boston Billows, Inc. submitted a petition to CPSC requesting an exception to the ban on certain infant cushions/pillows for its Boston Billow Nursing Pillow.

In September 2006, the CPSC issued the ANPR to assess whether a rulemaking was necessary to address any unreasonable risk of injury or death that may be associated with infant cushions/pillows. CPSC stated that in addition to the Boston Billow Nursing Pillow that met the criteria of the ban, there appeared to be a proliferation of infant cushion/pillows or pillow-like products in the marketplace, including nursing pillows, which met some, but not all, of the criteria set forth in the ban.

The CPSC is now withdrawing this ANPR, except for its application to the Boston Billow Nursing Pillow and substantially similar nursing pillows, for which the rulemaking process is going forward, in light of the ongoing risks posed by infant cushions/pillows when used in the sleep environment.² According to the CPSC, it finds no justification, and insufficient data and product information, for repealing the ban on all infant cushion/pillow products at this time.

(See ITT's Online Archives or 10/04/06 news, 06100430, for BP summary of the ANPR.)

¹The regulations in 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.

²CPSC states that there has been a steady decrease in Sudden Infant Death Syndrome (SIDS) deaths due to the "Back to Sleep" campaign (a campaign recommending that infants be placed on their backs when put to sleep), but its staff did not find a similar decrease in infant deaths associated with pillows and cushions.

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

CPSC proposed rule (FR Pub 09/03/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-20280.pdf

CPSC partial withdrawal of ANPR (FR Pub 09/03/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-20282.pdf