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Consumer Reports: Court Should Dismiss Industry Case Against Federal Infant Sleeper Rules

D.C. Circuit will hear oral arguments on manufacturer challenge of Consumer Product Safety Commission standards for infant sleepers 

WASHINGTON, D.C. – Consumer Reports is urging the U.S. Court of Appeals for the D.C. Circuit to uphold the Consumer Product Safety Commission’s (CPSC) final rule establishing a strong safety standard for infant sleep products set to go into effect on June 23. Finnbin, a “baby box” company, is challenging the CPSC’s infant sleep rule, claiming that the CPSC unlawfully expanded its scope. 

Oral arguments for “Finnbin, LLC v. CPSC” begin tomorrow at 9:30 am ET, and live audio streaming can be accessed here.

The CPSC’s safety standard would ensure that all infant sleep products in the U.S. must align with expert evidence-based infant safe sleep guidelines. A successful challenge to the CPSC’s safety standard could prevent this rule from going into effect and limit the agency’s ability to keep infants and toddlers safe in the future.

“The federal standard for infant sleepers is critical to help parents and caregivers keep their baby safe,said Oriene Shin, safety policy counsel at Consumer Reports. “If Finnbin prevails, parents would be left unprotected and key CPSC powers would be gutted. The Court should reject Finnbin’s challenge, affirm that the CPSC acted lawfully, and let the mandatory rule go into effect as scheduled.”

In an amicus brief, jointly filed with Consumer Federation of America and Kids In Danger, Consumer Reports states its full support of the CPSC’s position that the agency lawfully created the new standard, and that doing so was an important step to fulfill the agency’s statutory purpose—including to develop uniform safety standards and protect the public against unreasonable risks of injury associated with consumer products.

The American Academy of Pediatrics recommends that infants should sleep alone, on their back, on a firm, flat surface in their own safe sleeping area – be it a crib, bassinet, or play yard – with no extra bedding, to help avoid suffocation and other dangers. Parents and caregivers should follow these evidence-based recommendations, and discontinue the use of any product for infant sleep that does not align with them — including inclined sleepers, in-bed sleepers, and various other products covered by the CPSC’s new final rule.



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