Agency Cites DockATot for Violating the ISP Rule
WASHINGTON, D.C. – On June 23, 2022, the U.S. Consumer Product Safety Commission’s Infant Sleep Product Rule went into effect, making it unlawful to sell non-compliant infant sleep products manufactured on or after that date. This landmark rule removes products hazardous to infants from the marketplace as part of CPSC’s longstanding commitment to protecting the most vulnerable members of the public. The regulation applies to infant sleep products marketed or intended to provide a sleeping accommodation for an infant up to 5 months of age, which are not subject to another mandatory standard for infant sleep.
The ISP Rule applies, in particular, to 1) inclined infant sleep products with a sleep surface angle greater than 10 degrees, and 2) non-inclined infant sleep products, such as baby boxes, in-bed sleepers, baby nests and pods, compact/travel bassinets, and infant tents. These “flat products,” are also subject to the Safety Standard for Bassinets and Cradles, which requires that these products have a stand, meet stability requirements, and have a side height of at least 7.5 inches.
To ensure manufacturers, importers, distributors, and retailers are aware of the new rule, over the last several months, CPSC sent more than 125 letters to businesses explaining the new requirements, and in over 70 instances, specific infant sleep products were identified that could be subject to the rule. These letters strongly urged companies to carefully review their sales listings for any products manufactured on or after June 23, 2022, to ensure they were not in violation of the Rule. Further, in the interest of public safety, we urged each firm to consider stopping sale of these types of products immediately, regardless of the date of manufacture. As a result of these efforts, 26 products were removed from sale, helping to protect consumers.
CPSC recently issued a violation notice to one firm, Dock-a-tot, for importing an infant sleep product manufactured after June 23, 2022 that fails to comply with the mandatory requirements of the ISP rule. The product in question, DockATot® Deluxe Plus Dock (all models manufactured on or after June 23, 2022) is pictured below.
DockATot® Deluxe Plus Dock
Examples of the type of products that are likely subject to the rule can be seen in the pictures below, which were first shown to the public on May 19, 2021, as the Commission considered the Draft Final Rule for Infant Sleep Products.
CPSC further reminds manufacturers and retailers that the Safe Sleep for Babies Act will go into effect on November 12, 2022. This law bans both padded crib bumpers and inclined infant sleep products and applies to all products in the marketplace, not just those that are manufactured after the effective date of the new rule. For products that are subject to both the ISP Rule and the SSBA, the requirements of the SSBA apply in addition to those of the ISP Rule.
CPSC reminds all manufacturers, importers, distributors, and retailers that failure to comply with either the ISP Rule or the SSBA could result in enforcement action, including assessment of civil penalties. Section 15(b) of the Consumer Product Safety Act requires manufacturers, importers, and distributors of consumer products to report immediately to the CPSC when they obtain information which reasonably supports the conclusion that products distributed in commerce fail to comply with an applicable consumer product safety rule or other requirement enforced by the Commission.
Manufacturers can find more information on compliance in Infant Sleep Products Business Guidance and Small Entity Compliance Guide | CPSC.gov
Safe Sleep for Babies Act Business Guidance
CPSC Commissioner Statements:
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The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury or death associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. CPSC's work to ensure the safety of consumer products has contributed to a decline in the rate of injuries associated with consumer products over the past 50 years.
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