CPSC Proposes New Safety Rules for Infant Rockers

The Consumer Product Safety Commission (CPSC) is seeking to mandate voluntary safety standards for infant/toddler rockers. In October 2023, CPSC published a notice of proposed rulemaking (NPR) to address associated risks. Products within the scope of the NPR include infant rockers marketed for infants up to six months, infant/toddler rockers marketed for children up to age two and a half, and “combination” products such as rockers/bouncers and swings/rockers.

On August 22, 2024, CPSC publicized the incident report data underlying the NPR, which included data from the Consumer Product Safety Risk Management System (CPSRMS) and the National Electronic Injury Surveillance System (NEISS). CPSC searched these databases for incidents between 2011 and 2022 involving rockers made for toddlers up to age five. Data from CPSRMS included records of fatal and non-fatal incidents, consisting of incident reports from medical examiners, consumers, death certificates, and manufacturers. Data from NEISS contained records of injuries from rockers that required emergency room treatment. The data compiled by CPSC showed 11 fatalities, 88 injuries, and over 1,000 total incidents related to rockers.

CPSC already has voluntary standards for infant and infant/toddler rockers. The voluntary standards include a number of safety standards and performance tests, including upper weight limits depending on whether the product is an infant rocker or an infant/toddler rocker, stability tests, battery compartment performance requirements and battery leakage tests, and testing methods to address hazards associated with straps and cords, such as entanglement. CPSC now seeks to mandate these voluntary standards.

This NPR is the latest in a chain of actions by CPSC to mandate safety standards for durable infant and toddler products. In April 2024, CPSC Commissioner Richard Trumka issued a unilateral statement urging retailers to stop selling weighted baby products. And in August 2024, CPSC released a detailed proposal for new regulations governing button cell and coin batteries in toys intended for children under 14 years of age.

Assuming the NPR is passed, manufacturers will be required to comply with more rigorous safety standards. Companies manufacturing and selling rockers should remain vigilant and proactive in their safety practices to meet these elevated regulatory expectations.