The term “crib bumper”:
- Means any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening;
- Includes a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers; and
- Does not include a non-padded mesh crib liner.
The ban of crib bumpers was mandated in the Safe Sleep for Babies Act of 2021, 15 U.S.C. 2057e. CPSC promulgated a rule banning crib bumpers in the Federal Register at 88 Fed. Reg. 54,878 (Aug. 14, 2023), which was codified at 16 CFR part 1309.
Although non-padded mesh crib liners are not subject to the crib bumper ban, other CPSC product safety rules may require testing and certification. The following requirements would likely apply to these products: total lead content (15 U.S.C. § 1278a), lead in paint and similar surface coatings (16 CFR part 1303), phthalates (16 CFR part 1307), small parts (16 CFR part 1501), and tracking labels (15 U.S.C. § 2063(a)(5)).
The Commission has not instituted a testing and certification program for the crib bumper ban; however, the Commission may consider testing, certification, and registration requirements in the future, based on additional information collected by the agency.
Note that products not within the scope of the ban may be subject to other applicable CPSC product safety rules (such as total lead content) that would require testing and certification.
Crib rail covers that are intended to cover only the top rail of a crib, and do not cover the crib slats, fall outside of the scope of the crib bumper ban. However, if a crib rail cover extends below the top rail of the crib and covers the sides of a crib, the product would be evaluated on a case-by-case basis to see if it falls within the statutory definition of a crib bumper, i.e., whether it is intended "to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening.”
Yes, these products would functionally meet the definition of a “crib bumper” subject to the ban, as they would be considered “any material that is intended to cover the sides of a crib to prevent injury to any crib occupant.”