Listen to this post

The U.S. Consumer Product Safety Commission (CPSC) announced a new rule on September 18, 2024, which will implement the first-ever federal safety standards for infant nursing pillows.[1] This rule comes in response to 154 infant deaths and 64 serious injuries believed to be caused by these products between 2010 and 2022.[2] These deaths commonly involved infants under 3 months old who were sleeping with the nursing pillows in locations such as adult beds, cribs, playpens, or couches.[3]

Background:

CPSC has a responsibility to protect the public from safety risks associated with thousands of types of consumer products, including certain infant or toddler products.[4] In 2008, Congress signed into law the Danny Keysar Child Product Safety Notification Act, which specifically requires the CPSC to issue safety standards for durable nursery products such as nursing pillows.[5]

Investigation into Deaths Caused by Infant Nursing Pillows:

The CPSC issued a statement in 2020 that they were investigating infant deaths from use of nursing pillows or pillow-like products.[6] In the same statement, the agency warned parents against allowing infants to use nursing pillows or loungers for sleep and encouraged parents to follow safe sleep advice by not using blankets, pillows, or padded bumpers in areas where babies sleep.[7]

Announcement of Proposed Rulemaking:

In 2023, the CPSC announced a notice of proposed rulemaking regarding new safety standards for infant nursing pillows.[8] In response to the notice of proposed rulemaking, the American Academy of Pediatrics published an article applauding the proposal of the new safety regulations and highlighting the importance of these new regulations since nursing pillows have never been subject to any voluntary or mandatory federal safety standards.[9]

Objectives of New Federal Safety Standards:

The new federal safety standards aim to allow nursing pillows to continue to be useful for breast or bottle feeding, while also reducing the risk of injury or death to infants.[10] These standards intend to prevent suffocation, entrapment, or falls resulting from the use of nursing pillows by setting certain performance requirements for nursing pillows.[11]

Some specific performance requirements include:

  • Standard for firmness;
  • Caregiver attachments to nursing pillows, like straps or buckles, must withstand a static load of 20 pounds;
  • Nursing pillow openings must be wide enough for infants’ heads to move freely; and
  • Prohibition on the use of an infant restraint system with a nursing pillow.

CPSC Commissioner Mary T. Boyle made a statement on the implementation of this final rule, explaining that it will legally require specific “pillow dimensions, firmness standards, and conspicuous warning labels making clear that babies have died using nursing pillows for sleep or lounging.”[12] Commissioner Boyle recognized in her statement that, although the CPSC warned consumers in 2020 that nursing pillows are not safe for sleep, it is important for the CPSC to also take action to protect customers instead of placing the expectation on customers to protect themselves.[13]

Conclusion:

The new safety standards were approved by the CPSC in a 5 to 0 vote and will come into effect 180 days after publication in the Federal Register.[14] These new safety standards should set clear guidelines for companies manufacturing nursing pillows and help to prevent future injuries or deaths from these products.

[1] United States Consumer Product Safety Commission, CPSC Approves New Federal Safety Standards for Nursing Pillows to Prevent Infant Deaths and Serious Injuries (September 18, 2024), https://www.cpsc.gov/Newsroom/News-Releases/2024/CPSC-Approves-New-Federal-Safety-Standard-for-Nursing-Pillows-to-Prevent-Infant-Deaths-and-Serious-Injuries.

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] United States Consumer Product Safety Commission, CPSC Warns Parents Not to Use Nursing Pillows for Sleep; Agency is Investigating Infant Deaths that May Be Associated with Pillow-Like Products (October 7, 2020), https://www.cpsc.gov/Newsroom/News-Releases/2021/CPSC-Warns-Parents-Not-to-Use-Nursing-Pillows-for-Sleep-Agency-Is-Investigating-Infant-Deaths-that-May-Be-Associated-with-Pillow-Like-Products?language=zh-hans.

[7] Id.

[8] United States Consumer Product Safety Commission, Commission Briefing Package: Notice of Proposed Rulemaking – Safety Standard for Nursing Pillows (August 23, 2023), https://www.cpsc.gov/content/Commission-Briefing-Package-Notice-of-Proposed-Rulemaking-Safety-Standard-for-Nursing-Pillows.

[9] Steve Schering, AAP Applauds Federal Agency’s Calls for Nursing Pillow Safety Standards, American Academy of Pediatrics (August 24, 2023), https://publications.aap.org/aapnews/news/25662/AAP-applauds-federal-agency-s-calls-for-nursing?autologincheck=redirected.

[10] Supra note 1.

[11] Id.

[12] Mary T. Boyle, Commissioner Mary T. Boyle Statement on Vote to Issue Final Rule on Nursing Pillows, United States Consumer Product Safety Commission (September 18, 2024), https://www.cpsc.gov/About-CPSC/Commissioner/Mary-T-Boyle/Statement/Commissioner-Mary-T-Boyle-Statement-on-Vote-to-Issue-Final-Rule-on-Nursing-Pillows.

[13] Id.

[14] Supra note 1.