January 2024 Regulatory Update

The U.S. Consumer Product Safety Commission (CPSC) put forth a Notice of Proposed Rulemaking (NPR) for a Safety Standard for Infant Support Cushions (16 CFR 1243) on 16 January 2024, which was published in the Federal Register.

This proposed rule aims to reduce the danger of infant support cushions, which may pose a significant threat of suffocation, entrapment, and falls. Apart from general requirements like hazardous sharp edges or points, small parts, lead in paints, etc., in order to prevent positional asphyxiation, the proposed rule mandates that all surfaces of the cushion be sufficiently sturdy to resist conforming to the infant's face, which can obstruct the airway. Further to this, the rule specifies a maximum incline angle to prevent hazardous positioning of the infant's head and neck on the cushion's surface. It sets a side angle requirement to minimize the risk of entrapment between the sidewall and the occupant support surface and limits the sidewall height to discourage caregivers from assuming it is safe for unattended infants. Additionally, the proposed rule calls for a clear and conspicuous on-product warning that is permanent.

An infant support cushion is identified as an infant product that is filled with or comprised of resilient material such as foam, fibrous batting, or granular material or with a gel, liquid, or gas, and which is marketed, designed, or intended to support an infant's weight or any portion of an infant while reclining or in a supine, prone, or recumbent position.

Examples of infant support cushions covered in this proposed safety standard include but are not limited to:

• Head positioner pillows;
• Flat baby loungers;
• Crib pillows;
• Wedge pillows for infants;
• Infant sleep positioners, unless regulated by the Food and Drug Administration (FDA) as medical devices;
• Stuffed toys marketed for use as an infant support cushion;
• Infant “tummy time” or “lounging” pillows, whether flat or inclined;
• Multi-purpose pillows marketed for both nursing and lounging;
• Anti-rollover pillows with or without straps that fasten the pillow to the infant;
• Infant “self-feeding” pillows that hold a bottle in front of the face of a reclining or lying infant;
• Pads and mats; and
• Accessory pillows and other padded accessories, often marketed for use with an infant car seat, stroller, or bouncer, but not sold with that product and therefore not included in the mandatory safety standard for those products.

However, the scope of products that would be subject to this proposed rule does not include durable infant products that are already regulated by the Commission and included in the list of products at 16 CFR 1130.2(a).

The Commission plans to modify the current 16 CFR 1130 consumer registration rule to classify Infant Support Cushions as a durable infant or toddler product.

Comments on this NPR may be submitted to the CPSC by 18 March 2024.

On 18 January 2024, the U.S. Consumer Product Safety Commission (CPSC) put forth a Direct Final Rule of Safety Standard Mandating ASTM F963-23 as the safety standard for Toys (16 CFR 1250), which was published in the Federal Register.

On 13 October 2023, the Specification for Toy Safety, ASTM F963, was updated from the 2017 version to the 2023 version.

The revisions made to the standard affect various technical requirements for different types of toys and alignment was made to the current Federal and U.S. Consumer Product Safety Commission regulations in respect to phthalates requirements, heavy elements exemptions for toy substrate materials and tracking labels.

The revisions made to the standard affect various technical requirements for different types of toys such as:

• Sound-Producing Toys (Acoustics)
• Battery-Operated Toys (Battery Accessibility & Battery Compartment Attachment)
• Toys with Expanding Materials
• Projectile Toys (especially Toy Bows and Arrows)

The direct final rule updates 16 CFR part 1250 which establishes a consumer product safety standard for toys that mandates provisions of ASTM F963, to incorporate by reference the revised standard, ASTM F963-23.

The rule is effective on 20 April 2024, unless the CPSC receives a significant adverse comment by 20 February 2024.

*Other Hazards include Risk of Death, Swallowing Risk, Electric Shock Hazard, Choking Hazard, Laceration Hazard, Entrapment Hazard, Health Risk Hazard, Lead Poisoning Hazard, Skin Irritation Risk, Tip-Over Hazard, Eye Irritation Risk and Strangulation Hazard with a frequency of less than 3.

*Other Categories include Household Items, Outdoor Living Items, Chemicals, Construction Products and Machinery with a frequency of less than 2.

For a complete list click here

*Other Hazards include Burn Hazard, Chemical Hazard, Electric Shock Hazard, Risk of Allergy, Entrapment Hazard, Fall Hazard, Ingestion Hazard, Swallowing Risk, Suffocation Hazard, Laceration Hazard, Safety Risk Hazard and Tip-Over Hazard with a frequency of less than 5.

*Other Categories include Home Electrical Appliances, Accessories, Bodycare / Cosmetics, Furniture and Construction Products with a frequency of less than 3.

For a complete list click here

*Other Hazards include Fire Hazard, Laceration Hazard, Health Risk Hazard, Suffocation Hazard, Amputation Hazard and Strangulation Hazard with a frequency of less than 3.

*Other Categories include Car Components, Accessories, Outdoor Living Items, Household Items, Home Electrical Appliances, Sporting Goods / Equipment and Tools and Hardware with a frequency of less than 2.

For a complete list click here

*Other Hazards include Burn Hazard, Damage to Sight, Health Risk Hazard, Suffocation Hazard, Strangulation Hazard, Cut Hazard and Microbiological Hazard with a frequency of less than 8.

*Other Categories include Computer / Audio / Video / Other Electronics & Accessories, Protective Equipment, Sporting Goods / Equipment, Car Components, Outdoor Living Items, Furniture, Machinery and Accessories with a frequency of less than 6.

*Other Countries include Bulgaria, Denmark, Finland, Estonia, Norway, Slovenia, Malta, The Netherlands, Austria, Belgium, Slovakia, Luxembourg, and Spain with a frequency of less than 6.

For a complete list click here

*Other Hazards include Fall Hazard, Injury Hazard, Crushing Hazard, Crash Hazard, Skin Irritation Risk, Microbiological Hazard, Fire Hazard, Burn Hazard, Eye Irritation Risk, Risk of Death and Choking Hazard with a frequency of less than 4.

*Other Categories include Household Items, Toys and Childcare Products, Sporting Goods / Equipment, Electrical Appliances, Tools and Hardware, Construction Products, Footwear, Accessories, Outdoor Living Items and Protective Equipment with a frequency of less than 4.

*Other Provinces include Henan, Liaoning, Xinjiang, Fujian, Jiangsu, Hunan, Hubei, Shanghai and Ningxia with a frequency of less than 3.

For a complete list click here