Bills
| 3.23.22

Should Inclined Sleepers for Infants be Banned? (H.R. 3172)

Do you support or oppose this bill?

What is H.R. 3172?

(Updated June 22, 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

This bill isn’t necessary in light of ASTM International’s plans to closely evaluate inclined sleeper standards and hazards. Rather than setting an arbitrary standard through this legislation, Congress should defer to the ASTM’s decision to inform whether to allow inclined sleepers.

Impact

Infants; inclined sleepers for infants; and ban of inclined sleepers for infants.

Cost of H.R. 3172

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Tony Cárdenas (D-CA) introduced this bill to prohibit the sale of inclined sleepers for infants up to a year old with an inclined surface equal to or greater than 10 degrees:  

“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 an 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.”

The American Academy of Pediatrics (AAP) supports this bill. Its CEO and interim Executive Vice President, Mark Del Monte, J.D., says: 

“When it comes to sleep, the science is clear: the safest sleep environment for babies is a firm, flat, bare surface. Inclined sleep products are dangerous and should not be on the market. This bill takes important and necessary action to ban these products, protecting infant lives and helping prevent families from experiencing tragedy. The American Academy of Pediatrics applauds Representative Tony Cárdenas for his leadership and is calling on lawmakers to advance the legislation.”

In a joint statement, the AAP, Consumer Federation of America (CFA), Consumer Reports, and Kids in Danger write: 

“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 legislation passed the House Committee on Energy and Commerce by a voice vote with the support of 18 Democratic House cosponsors. Its Senate companion is 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: 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 described how Fisher-Price invented the inclined sleeper category without medical safety testing or pediatrician input based on faulty beliefs about infant sleep.

On April 12 and April 26 of this year, the Consumer Product Safety Commission (CPSC) issued recalls for two inclined sleep products, the Fisher-Price Rock ‘n Play and Kids II Rocking Sleeper. The recall affected over five million inclined sleepers, and the affected products were tied to at least 37 infant deaths. An August 2019 Consumer Reports article reported a total death toll of at least 53 from inclined sleep products. 

In addition to the 2019 recalls, the CPSC issued nine other recalls involving infant inclined sleepers from May 10, 2000 to March 1, 2016. Those recalls were conducted to resolve issues involving mold, structural stability, entrapment, suffocation, falls, and strangulation.

However, after these recalls, other inclined sleep products are still on the market from manufacturers such as Baby Delight, Evenflo, and Hiccapop. Moreover, the CPSC still hasn’t taken action against the inclined sleepers still on the market. 

In response to the CPSC’s inaction, AAP Council on Injury, Violence, and Poison Prevention executive committee chairperson Ben Hoffman, M.D. says, “CPSC sends parents a dangerous message by allowing other inclined sleep products to remain on the market.” Hoffman says the CPSC should “eliminate [the inclined sleeper] product category altogether so these deadly products are no longer available.”

For now, the CPSC has left it to ASTM International, an organization bringing manufacturers, government officials, medical experts, consumers, and others together to establish voluntary industry standards for products and processes, to determine inclined sleepers’ future. In May 2019, the ASTM inclined infant sleep products subcommittee determined — against objections from some members, including Consumer Reports — that instead of pulling the category from the market, it would investigate its standard and potential hazards further and reconvene in October 2019. 

In its recall notice, the CPSC noted that “[s]ince the[ir] 2009 product introduction, over over 30 infant fatalities have occurred in Rock ‘n Play Sleepers, after the infants rolled over while unrestrained, or under other circumstances.”


Media:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / JNemchinova)