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Baby products maker sues federal agency over new rule

Finnbinn, a maker of “Baby Box,” an infant sleep product, has filed a lawsuit against the Consumer Product Safety Commission over the agency’s new federal safety standard.

the federal rulewhich takes effect on June 23, 2022, impacts all products marketed or intended for infant sleep.

Angled sleepers will need to be tested to ensure that the angle of the sleeping surface is 10 degrees or less. Additionally, flat sleeping products would be regulated under the rule, such as baby boxes and sleepers which are not currently subject to any of the CPSC’s mandatory standards.

Finnbinn argues that its product should not be included in this federal rule.

The I-Team contacted the company and the founder pointed us to the website blog, part of which reads:

“This vote effectively bans ‘flat sleepers’ which they have defined as any product intended for safe sleep that does not have legs or support. Finnbin’s baby boxes have no legs or support and , therefore, fall into this category and will be banned (assuming no additional considerations) from summer 2022.

While Finnbin supports many elements of the CPSC’s final rule regarding the known dangers of reclined infant sleepers, we believe the decision to include flat sleepers without any evidence to suggest these products pose a hazard to children is arbitrary. and capricious and will have unintended consequences. consequences for many families across the United States, especially those in the lower socioeconomic bracket. The reality of this decision is that it will knock almost all infant sleep products below the $100 price point off the market. We are concerned that low-income families will be disproportionately affected and we encourage you to help provide a safe sleeping environment for families in need, if you are able.”

Consumer Reports as well as advocacy groups, the Consumer Federation of America and Kids In Danger, are urging the court to dismiss Finnbinn’s lawsuit.

“What we’re saying is if there’s a product that’s marketed or designed for sleep, it has to meet minimum standards,” said Oriene Shin, policy adviser at Consumer Reports.

Lawyer Oriene Shin says her organization supports the new CPSC rule. Consumer Reports investigated Fisher-Price’s reclined sleeper called Rock ‘n Play, finding that the product and related products were linked to nearly 100 infant deaths.

“When it comes to baby boxes, and it’s not just this product, it’s about making sure we don’t have a future reclined sleeper debacle,” Shin said.

the Finnbinn Blog states “…in over 80 years of distribution, we are not aware of a single injury or death resulting from the use of a baby box for infant sleep – an incredible record for the infant sleep industry.”

Shin told I-Team that 23 infant deaths are associated with unregulated flat sleep products.

“I can’t tell if the infant deaths are related to sleepers in the bed or baby boxes. I hope they give you the right information when they say there was no infant deaths so far,” Shin said.

“We understand that there may be products that may be safe, but what we are asking is that they prove to be safe,” she added.

“The CPSC is open to reviewing future products that show they are safe. So this rule does not completely prevent a product from coming back on the market.”

The CPSC does not comment on this legal case. Oral arguments in the case are scheduled for next month.

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