A new federal safety standard that aims to reduce the risks of suffocation, entrapment and falls associated with infant loungers and similar pillow-like products is now in effect.
Starting on May 5, 2025, manufacturers of infant loungers and other “infant support cushions” must adhere to a mandatory safety standard which was unanimously approved by the U.S. Consumer Product Safety Commission (CPSC) in October 2024. At that time, the CPSC said that “most” infant support cushions on the market sold by more than 2,000 suppliers would need to be redesigned.
The safety standard covers multiple soft, pillow-like products made of “resilient material” that are used for infant lounging or positioning. These products include infant loungers, infant head positioner pillows, infant sleep positioners and anti-rollover pillows, crib pillows, wedge pillows for infants, stuffed toys or pads and mats marketed for use as infant support cushions, multi-purpose pillows marketed for both nursing and lounging, and tummy time pillows.
According to the CPSC, between 2010 and 2022, there were at least 79 infant deaths and 124 injuries to babies associated with this class of products, all with a similar hazard pattern. Most of the deaths and injuries involved babies younger than three months old. The majority of the fatal incidents occurred when the product was used in or on a sleep product, including an adult bed or mattress, a bassinet, crib, play yard or on a couch, futon or toddler bed. Nonfatal incidents commonly involved infants falling when the product was placed on a raised surface, such as a bed or sofa.
The American Academy of Pediatrics recommends that infants be put to sleep on their backs, on a separate, flat and firm sleep surface without any bumpers, loose bedding or stuffed toys.
What Does the New Safety Standard for Infant Loungers and Support Cushions Require?
Under the new standard, all infant loungers and support cushions manufactured after May 5, 2025, must be designed and tested to ensure:
- They are sufficiently firm to prevent suffocation, which can occur when a baby’s face sinks into a padded surface.
- The angle formed between any sidewall and the occupant surface must be greater than 90 degrees to reduce the risk of suffocation and entrapment.
- The maximum incline angle cannot exceed 10 degrees, which aligns with the requirements for inclined sleepers under the Safe Sleep for Babies Act. Incline angles greater than 10 degrees may allow a baby to get into a dangerous chin-to-chest position in which their airway is blocked.
- Infant restraints are prohibited, as they falsely suggest that infants can safely be left unattended in the product, which they cannot.
- Strongly worded on-product warning labels that are permanent and conspicuous are required.
How Can I Keep My Baby Safe While Using an Infant Lounger or Support Cushion?
The CPSC offers the following recommendations for keeping babies safe while using an infant lounger or support cushion:
- Never use the lounger or support cushion for infant sleep or naps. If your baby falls asleep, move your baby to a crib, play yard or bassinet.
- Stay near and watch your baby during use.
- Only use the product on the floor.
- Do not use on beds, sofas or other raised surfaces. Do not use loungers or support cushions on soft surfaces or in other infant sleep products, such as cribs or bassinets, or anywhere a baby sleeps.
- Keep blankets and other soft items out of and away from the product.
What Should I Do If My Baby Has Been Injured or Killed While Using an Infant Lounger or Support Cushion?
Daniel J. Mann, a shareholder and product liability attorney at Feldman Shepherd, recommends contacting a product liability attorney as soon as possible if your child has been seriously injured or killed while using an infant lounger or any other pillow-like product made for babies.
Mann said that even before this new mandatory safety standard took effect, product liability law always required that products be safe for their intended as well as expected use. According to Mann, “there is simply no excuse for infant products which, by design, pose suffocation, entrapment and fall hazards to an infant. Nor should any baby product enter the marketplace without adequate warning labels for parents and caregivers.”
The product liability team at Feldman Shepherd, which includes co-founding shareholder Alan M. Feldman, Mann and partner Edward S. Goldis, has secured substantial recoveries on behalf of infants and young children who have been seriously injured or killed by children’s products, including baby slings, unstable furniture and magnetic toys. They presently represent many families whose babies died in separate incidents in infant loungers, rockers and sleepers, which do not comply with the safe sleep recommendations of the American Academy of Pediatrics.