An “inclined sleeper for infants” is a product with an inclined sleep surface greater than 10 degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to 1 year old.
Examples of inclined sleepers include, but are not limited to:
- Wooden climbing arches that flip over to be an inclined rocking sleeper with a padded cushion (often marketed as “Montessori” or “Waldorf” arches)
- Infant/toddler rockers, often with multiple recline positions, that are marketed at least in part for sleep
- Swings or bouncers that are marketed at least in part for sleep
- Baby and toddler hammocks that are marketed at least in part for sleep
- High chairs that are marketed at least in part for sleep
Examples of products excluded from the scope of the ban include, but are not limited to:
- Infant and infant/toddler rockers, infant swings, or infant bouncer seats that entertain an awake infant and are not intended, marketed, or designed for sleeping
- Baby and toddler hammocks intended, marketed, and designed for children 1 year old and up
- Toddler climbing arch/rocking napper products intended, marketed, and designed for children 1 year old and up
The ban of inclined sleepers for infants was mandated in the Safe Sleep for Babies Act of 2021, 15 U.S.C. 2057d. CPSC promulgated a rule banning inclined sleepers for infants in the Federal Register at 88 Fed. Reg. 55,554 (Aug. 16, 2023), which was codified at 16 CFR part 1310.
Congress did not define “sleeping accommodations.” Consistent with the infant sleep product rule (16 CFR part 1236), the Commission interprets “sleeping accommodations” to refer to products that are marketed or intended for both extended, unattended sleep, and also napping, snoozing, and other types of sleep in which a parent may or may not be present, awake, and attentive.
Factors taken into consideration when evaluating whether a product is marketed or intended for sleep include but are not limited to: product packaging, marketing materials, instructions, and pictures of consumer usage, particularly sleeping infants. Design characteristics that could distinguish whether products are for infant sleep include, but are not limited to, padded sides; excess padding or pillow-like items; soothing sounds, lights, or vibrations; nighttime themes; and labels that warn only against specific types of sleep and not sleep generally.
The Commission has not instituted a testing and certification program for the Ban of Inclined Sleepers for Infants; 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. Durable infant or toddler products such as infant sleep products, infant swings, and infant bouncer seats are required to meet additional safety requirements applicable to their product categories.
CPSC staff recommend measuring the maximum seat back/sleep surface angle along the occupant's head to toe axis relative to horizontal using the same test method as in the Safety Standard for Infant Sleep Products (ISP rule) (see 16 CFR § 1236.2(b)(15)(ii)). Products with a seat back/sleep surface angle greater than ten degrees are banned if they are intended, marketed, or designed to provide sleeping accommodations for an infant up to 1 year old.
The ban of inclined sleepers for infants and the ISP rule overlap but are not identical. The ISP rule requires in-scope infant sleep products to have a maximum seat back/sleep surface angle not exceeding 10 degrees. The ban applies only to inclined products intended, marketed, or designed as sleeping accommodations for infants up to one year old (a broader age range). Some inclined sleep products will be covered by both the ban and the ISP Rule. The Safe Sleep for Babies Act of 2021 bans all inclined sleepers for infants sold or distributed on or after November 12, 2022, regardless of the manufacture date. The Safety Standard for Infant Sleep Products sets requirements that in-scope products must meet but covers only products manufactured on or after June 23, 2022.