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Statement of Commissioner Peter A. Feldman on Safe Sleep for Babies Act Implementation

August 07, 2023

Today, the U.S. Consumer Product Safety Commission published its final rule codifying a ban on inclined infant sleepers. This action reconciles the Congressional directive under the Safe Sleep for Babies Act of 2021 (SSBA), which enjoyed broad bipartisan support, and the Commission’s own Infant Sleep Products Rule (ISP Rule), which was passed by a bipartisan majority in June 2021. I was the deciding vote approving that rule.

The Commission took a measured approach in drafting this final rule. It offers structure for how the Commission will apply and interpret SSBA. Manufacturers will have guidance and regulatory certainty. Consumers will have peace of mind in the safety of the products they buy.

The Commission explicitly rejected the view that SSBA covers any product in which a baby could fall asleep. Infants can, and do, fall asleep almost anywhere. Such a broad reading would have been inconsistent with the Commission’s current ISP Rule and would have led to agency overreach.

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