Should Inclined Sleepers for Infants be Banned? (H.R. 3182)
Do you support or oppose this bill?
What is H.R. 3182?
(Updated July 4, 2021)
This bill — the Safe Sleep for Babies Act of 2019 — would ban the manufacture, sale, or distribution of inclined sleepers for infants up to a year old. “Inclined sleepers” have an inclined sleep surface of 10 degrees or greater.
Argument in favor
With more than 50 infants dead due to inclined sleepers, it’s long past time for Congress to ban these dangerous products. Inclined sleep products are unsafe, scientifically unsound, and contrary to the American Academy of Pediatrics’ (AAP) recommendation that infants sleep on hard, flat surfaces.
Argument opposed
The Consumer Product Safety Commission (CPSC) has already voted to stop manufacturers from selling inclined sleepers, in-bed sleepers, baby boxes, sleep hammocks, and small bassinets without a stand for babies up to five months old, this bill is unnecessary. Instead of passing this bill, Congress should instruct the CPSC to modify its forthcoming rule to cover sales of such products.
Impact
Infants; inclined sleepers for infants; and ban of inclined sleepers for infants.
Cost of H.R. 3182
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Rep. Tony Cárdenas (D-CA) reintroduced this bill from the 116th Congress to add inclined sleepers for infants with an inclined sleep surface greater than ten degrees and crib bumpers to the list of banned hazardous products under the Consumer Product Safety Act:
“There have been numerous deaths linked to crib bumper pads and infant inclined sleep products over the last decade,” said Congressman Cárdenas. “As a grandfather, this is very concerning to me. Parents deserve the peace of mind that comes with knowing the sleep products they purchase are safe. That’s why I’m introducing the Safe Sleep for Babies Act which will ban life-threatening sleeping products from store shelves.”
When he introduced this legislation in the 116th Congress, Rep. Cárdenas said:
“I believe that we need to put American babies first, not profits. There have been more than 30 deaths linked to recalled Fisher-Price sleeper products yet other models that are just as dangerous remain on the market. Parents deserve the peace of mind that comes with knowing that the sleep products they purchase are safe. As a grandfather, this is very concerning to me which is why I am introducing the Safe Sleep for Babies Act which would ban these life-threatening products from store shelves. I thank Senator Blumenthal for his leadership and for joining me in the fight to protect American children.”
In a 2019 interview with Kids in Danger about this bill, Rep. Cárdenas argued that Congress should “ensure that all products sold to American families meet the highest safety standards in the world.” He added, “American families deserve and expect the best and our laws should meet those expectations.”
Rep. Jan Schakowsky (D-IL), Chair of the House Energy and Commerce Subcommittee on Consumer Protection and Commerce, and an original cosponsor of this bill, adds:
“It’s past time for Congress to act to ensure that no more babies die in unsafe sleep products. Crib bumpers and infant inclined sleepers are dangerous products that go against longstanding safe sleep best practices. Yet, many parents do not realize this because they are heavily marketed and widely available. To address this issue, I am proud to introduce the Safe Sleep For Babies Act with my colleague Vice Chair Cárdenas. This legislation will protect infants and remove these hazards from the market.”
The American Academy of Pediatrics (AAP) has supported this bill in both the 116th and 117th Congressional sessions. American Academy of Pediatrics President Lee Savio Beers, MD, FAAP says:
“When it comes to infant sleep, the science is clear: the safest sleep environment for babies is a firm, flat, bare surface with no restraints or soft bedding. Infant inclined sleep products and crib bumpers are dangerous and should not be on the market at all. Yet, they are ubiquitous, and advertised to mislead parents into thinking they are not only safe, but necessary for infant sleep, when in reality they can be deadly. The Safe Sleep for Babies Act recognizes the danger these products pose and would prohibit them from being sold, which will save infant lives and prevent families from enduring tragedy, something far too many pediatricians have seen in our practices.”
In a joint statement in 2019, the AAP, Consumer Federation of America (CFA), Consumer Reports, and Kids in Danger wrote:
“As leading child health and consumer advocacy organizations, we are proud to join together in supporting H.R. 3172 and S. 1767, the Safe Sleep Act. Our groups have long been sounding the alarm on the dangers of infant inclined sleep products, and have been urging retailers to remove them from sale. These products are deadly, and their design is inherently unsafe. This legislation would help prevent more families from experiencing the tragedy of losing a child to one of these products by banning their manufacture, import, and sale altogether. The recent recalls of the Fisher-Price Rock ‘n Play Sleeper and Kids II rocking sleepers – products that are linked to dozens of documented infant deaths – are important steps forward, but it is clear that current voluntary and mandatory standards do not protect infants from the dangers these products pose. Far too many of these products are still on store shelves and in families’ homes, posing an urgent threat to child health. Parents often think that when they purchase a product for their child, it must be safe – but that is not necessarily the case. The safest sleeping environment for infants is always on their back, on a separate, flat and firm sleep surface without any bumpers or bedding. Infant inclined sleep products should not be used or sold anywhere, period. [W]e urge Congress to advance the Safe Sleep Act without delay… We also call on the U.S. Consumer Product Safety Commission to take immediate action and eliminate the infant inclined sleep product category completely. There is no question: infant inclined sleepers are dangerous and have no place in a safe sleep environment.”
This bill has two Democratic House cosponsors in the 117th Congress. It is supported by a number of consumer safety and medical professional organizations, including Consumer Reports, the Consumer Federation of America, Kids in Danger, and U.S. Public Interest Group.
In the 116th Congress, this legislation passed the House by a unanimous vote vote with the support of 18 Democratic House cosponsors. Its Senate companion was sponsored by Sen. Richard Blumenthal (D-CT).
It’s supported by the American Academy of Pediatrics (AAP), Consumer Federation of America (CFA), Consumer Reports, Kids in Danger, Public Citizen, and U.S. PIRG.
Of Note: Many researchers believe that the most common factor for sleep-related deaths in infants is rolling into crib bumpers in their sleep areas. The American Academy of Pediatrics (AAP) has recommended that babies sleep on their backs on a firm, flat surface without any other bedding or restraints for a number of years. In a May 2019 article, the Washington Post described how Fisher-Price invented the inclined sleeper category without medical safety testing or pediatrician input based on faulty beliefs about infant sleep.
On June 2, 2021, the Consumer Product Safety Commission, the federal agency that oversees thousands of household products, voted to stop manufacturers from selling inclined sleepers, in-bed sleepers, baby boxes, sleep hammocks, and small bassinets without a stand. Once this rule takes effect in mid-2022, sleepers meant for babies up to five months old will be required to meet the existing safety standards for one of five federally regulated product categories meant for infant sleep: 1) full-sized cribs, 2) non-full-sized cribs, 3) bassinets/cradles, 4) play yards, or 5) bedside sleepers. However, manufacturers will still be allowed to sell some of these items as loungers—at least one company, DockATot, has already taken this step.
Media:
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Sponsoring Rep. Tony Cárdenas (D-CA) Press Release (117th Congress)
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Sponsoring Rep. Tony Cárdenas (D-CA) Press Release (116th Congress)
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Sponsoring Rep. Tony Cárdenas (D-CA) Press Release After Committee Passage (116th Congress)
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Sponsoring Rep. Tony Cárdenas (D-CA) Floor Remarks (116th Congress)
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Sponsoring Rep. Tony Cárdenas (D-CA) Dear Colleague Letter (116th Congress)
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Sponsoring Rep. Tony Cárdenas (D-CA) Interview with Kids in Danger (116th Congress)
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Kids in Danger Letter (In Favor, 117th Congress)
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Consumer Reports, AAP, CFA, and Kids in Danger Joint Statement (In Favor, 116th Congress)
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House Committee on Energy and Commerce Committee Report
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The Washington Post
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Romper
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U.S. Consumer Product Safety Commission (CPSC) Rock ‘n Play Sleepers Recall Notice (Context)
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The Washington Post (Context)
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Consumer Reports (Context)
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Consumer Reports (Context)
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Causes (116th Congress Version)
Summary by Lorelei Yang
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