Products Liability Law Daily Wrap Up, TOP STORY—BABY PRODUCTS: Bedside sleeper standard unanimously approved by CPSC commissioners, (Jan 14, 2014)

By Joe Bichl

The Consumer Product Safety Commission (CPSC) has voted unanimously to approve a new safety standard for bedside sleepers, a bassinet-type infant product that is secured to an adult bed, according to a CPSC news release.

Background. Under the direction of The Danny Keysar Child Product Safety Notification Act, Section 104(b) of the Consumer Product Safety Improvement Act of 2008, the CPSC is required to issue consumer product safety standards for durable infant or toddler products. In the past five years, the agency has promulgated standards for full-size cribs, non-full-size cribs, play yards, baby walkers, baby bath seats, children’s portable bed rails, toddler beds, infant swings, bassinets and cradles, and hand-held infant carriers.

Bedside sleepers. Generally, a bedside sleeper is secured to an adult bed to permit newborns and infants to sleep close by an adult without being in the adult bed. The product is intended to provide a sleeping environment for an infant up to approximately 5 months of age or when a child begins to push up on his or her hands and knees.

Final rule. According to the draft Federal Register notice, the final rule incorporates the voluntary standard developed by ASTM International, ASTM F2906-13, “Standard Consumer Safety Specification for Bedside Sleepers,” by reference, and requires bedside sleepers to be tested to the bassinet safety standard (16 CFR Part 1218). This is because bedside sleepers and bassinets share a significant number of hazard patterns as both products are intended to be used by children with the same developmental abilities and for the same purpose, CPSC indicated in its final ruling. Many bedside sleepers also function as bassinets. The new standard also addresses fabric-sided enclosed opening entrapment hazards as well as hazards associated with the use of bassinet play yard accessories that can be assembled with missing key structural requirements for bedside sleeper play yard accessories.

Incident data. According to data provided by CPSC, it has received 27 product-related safety incident reports associated with bedside sleepers dating from January 2001 to May 2013. These incident reports include four fatalities that occurred between 2007 and 2009, which were associated with fabric-sided openings on the products.

Effective date. The effective date for the bedside sleeper safety standard is six months after the final rule is published in the Federal Register.

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