Export Compliance Daily is a service of Warren Communications News.

CPSC Exempts Certain Nursing Pillows from Its "Baby Bean Bag" Cushion/Pillow Ban

The Consumer Product Safety Commission has issued a final rule, effective December 19, 2008, which exempts the Boston Billow Nursing Pillow and substantially similar nursing pillows from CPSC's ban of "baby bean bag" infant cushions/pillows under 16 CFR 1500.18(a)(16)(i)1.

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

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

When Used for Intended Purpose, Nursing Pillows' Risk of Suffocation is Low

CPSC's review associated with this rulemaking 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 CPSC's assessment, the incident data, and the comments received during the rulemaking, the CPSC concludes that an exemption from the ban on "baby bean bag" infant cushions/pillows should be granted for the Boston Billow Nursing Pillow and substantially similar2 nursing pillows.

Therefore, the final rule amends 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. The final rule also amends 16 CFR 1500.18 (a)(16)(i) on banned toys and other banned articles intended for use by children by referencing the new exemption for these nursing pillows.

116 CFR 1500.18(a)(16)(i) bans infant cushions/pillows 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.

2A substantially similar nursing pillow is a pillow designed to be used only as a nursing aide for breastfeeding mothers. For example, one that is tubular in form, C- or crescent-shaped to fit around a nursing mother's waist, round in circumference and filled with granular material.

(See ITT's Online Archives or 09/04/08 news, 08090420, for BP summary of the proposed rule.)

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

CPSC final rule (FR Pub 12/19/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-30248.pdf