New parents have their hands full. Baby bouncy seats and swings offer busy caregivers a way to put an infant down but still allow him or her to see and interact with the surrounding environment. But recent recalls have led parents to think twice before going hands free.

On August 15, 2022, 4moms and the CPSC announced a recall of more than two million 4moms MamaRoo Baby Swings (versions 1.0  – 4.0) and over 220,000 RockaRoo Baby Rockers sold in the U.S. and Canada. According to the announcement, the restraint straps on the 4moms MamaRoo Baby Swing and RockaRoo Baby Rocker can dangle below the seat when the product is not in use, posing a strangulation hazard to crawling infants. On August 29, 2022, residents from North Carolina and South Carolina sued Thorley Industries, LLC (d/b/a 4moms) on behalf of nationwide class of purchasers of the recalled products in federal court in Pennsylvania.Continue Reading Litigation Recall Report: Nationwide Lawsuit Follows 4moms Recall of MamaRoo Baby Swing and RockaRoo Baby Rockers

Earlier this week, President Biden signed the Safe Sleep for Babies Act into law. The new statute does two things. First, it bans infant inclined sleepers with an inclined sleep surface greater than ten degrees that are intended for infants up to age one. Second, it bans crib bumpers. When the Act takes effect in November, both products will be considered “banned hazardous products” under Section 8 of the Consumer Product Safety Act.

These infant products have also been the subject of recent rulemaking activity by the U.S. Consumer Product Safety Commission (CPSC). This sets up at least one potential conflict of law. Where the Safe Sleep for Babies Act bans infant inclined sleepers intended for infants up to age one, the CPSC rule affected only sleepers intended for infants up to 5 months old.
Continue Reading President Biden Signs Safe Sleep Act, Banning Infant Inclined Sleepers and Crib Bumpers

Here’s a brief review of key developments concerning the U.S. Consumer Product Safety Commission (“CPSC”) from last month. We look forward to seeing many friends at the Annual Meeting and Training Symposium of ICPHSO in two weeks. For those who are unable to make the conference, our team plans to share daily insights so stay tuned for more important product safety updates!

Decisional Meeting on Clothing Storage Units Addresses “Tip-Over” Issue. On January 19, the CPSC adopted, by a 4-0 vote, staff’s recommendation to issue a Notice of Proposed Rulemaking for Clothing Storage Units (CSUs) to address the “tip-over” issue. Notably, the Commission adopted two amendments to the proposed rule, both offered by Commissioner Richard Trumka Jr.

The first amendment pertained to the rule’s stockpiling provision. The rule presented by staff “prohibited manufacturers and importers of CSUs from manufacturing or importing CSUs that do not comply with the requirements of the proposed rule in any 12-month period between the date a rule is promulgated and the effective date of the rule at a rate that is greater than 120 percent of the rate at which they manufactured or imported CSUs during the base period for the manufacturer.” Trumka’s amendment defines the “base period” as one month out of the last 13 months with the median import or manufacture volume, and changes the percentage increase that is allowed under that base period from 120% to 105% in each month between the final rule and the effective date. It is intended to reduce the risk of stockpiling products. The Commission adopted the amendment by a vote of 4-0.
Continue Reading CPSC Insights – January 2022