New Federal Safety Standards for Infant Support Cushions: What You Need to Know to Keep Your Infant Safe
By Adam J. Langino, Esq.
Introduction
In the last 15 years, manufacturers and sellers of baby products have increasingly pushed a range of products that are marketed to soothe infants, including products like inclined sleepers, crib bumpers, sleep swings, and support cushions. However, the popularity of these products led to a rise in infant deaths and injuries while sleeping. This correlation did not go unnoticed by the Consumer Product Safety Commission, the federal entity charged with protecting the public from unreasonable risk of injury or death from hazardous consumer products. In addition to extensive product recall efforts, the CPSC has also been instrumental in conducting a crucial infant sleep study, compiling data on deaths and injuries, recommending federal legislation to protect infants, and most recently approving new mandatory safety standards. The latest products targeted for reform by the CPSC are infant support cushions.
From Inclined Sleepers to Support Cushions
Around 2009, inclined infant sleepers first gained popularity when products like the Fisher-Price Rock ‘n Play were praised for helping infants sleep faster and longer due to their “nest-like” comfort, inclined resting position, and rocking features.1 A variety of other products marketed for improved infant sleep also entered the market around this time, but inclined infant sleepers were the first products to noticeably be linked to multiple infant deaths and serious injuries. After over 70 reported infant deaths, over 5 million inclined sleepers like the Rock ‘n Play were recalled.2 Ultimately a critical infant sleep study initiated by the CPSC paved the way for significant legislative change – the Safe Sleep for Babies Act (SSBA).3
The CPSC sleep study evaluated whether babies move differently in inclined sleepers, resulting in rolls that could lead babies onto their tummies where they could suffocate.4 Researchers found that the incline and the plush sides of the products could affect infant breathing (increasing the risk of SIDS) and cause asphyxia from rolls or disproportionately heavy baby heads falling forward at a steep angle.5 To prevent these risks, researchers emphasized the importance of babies sleeping on their backs on a firm, flat surface in a crib, bassinet, or play yard, without the addition of blankets, pillows, or other items. The SSBA is the federal response to the research findings. The law, signed in 2022 and put into effect in 2023, prohibits the sale of inclined sleepers and crib bumpers, as well as the manufacture, sale, distribution, and importation into the U.S. Additionally, the precautions of the SSBA didn’t end there; it emphasized the need to stay on top of industry developments for other types of infant products that posed a similar risk. The law banned the manufacture and sale of sleep surfaces with an incline greater than 10 degrees and padded materials inserted around the inside of a crib.
In 2024, the CPSC took steps to further minimize the risk to infants of products that could cause suffocation or injury during sleep.6 The CPSC proposed a rule in January to address the hazards posed by infant support cushions.7 Under the Consumer Product Safety Improvement Act of 2008 (CPSIA), the CPSC is tasked with examining and assessing the effectiveness of consumer product safety standards for durable infant or toddler products, in consultation with representatives from consumer groups, juvenile product manufacturers, and child product engineers and experts. Additionally, the CPSC has the authority to promulgate consumer product safety standards for these products. The rule proposed in January to create mandatory standards for infant support cushions was unanimously approved in October 2024.
New Mandatory Standards for Infant Support Cushions
The new standard is not a ban on infant support cushion products, but it is intended to improve their safety by incorporating design changes, testing requirements, and clearer warning labels to protect babies from injury and death.8 The CPSC was made aware of at least 79 infant deaths and 124 injuries from 2010 to 2022 associated with infant support cushions when used for sleep. The risks and potential hazardous outcomes are like those of banned crib bumpers and inclined sleepers, so the new mandatory standards are designed to manage the risk without outright banning support cushions.
In March, following the CPSC proposed standard released in January for comment, Consumer Reports submitted joint recommendations to the CPSC, along with the Consumer Federation of America, Kids In Danger, National Center for Health Research, Public Citizen, and U.S. Public Interest Research Group.9 The joint recommendation expressed strong support for addressing the hazards associated with infant support cushions. Infant support cushions have been marketed and sold for a wide array of uses, including lounging, infant propping, and with infant sleep products. However, to encourage babies to sleep for any duration in products that do not meet the CPSC Infant Sleep Product Rule or any other mandatory CPSC standard for infant sleep, “runs directly counter to evidence-based safe sleeping practices established by the American Academy of Pediatrics (AAP).”10 Experts (and federal law) recommend placing a baby alone, on their back, on a firm, non-inclined surface in a safe environment without soft objects or loose bedding that could potentially cause asphyxia.
The new mandatory standards rule will take effect in April 2025. Once it is effective, companies that manufacture and sell these cushions and pillows will need to adhere to stricter design and testing requirements to minimize risks of suffocation, entrapment, and falls. Most infant support cushions currently on the market will need to be redesigned.
As with most durable baby products that can outlast their use as an infant grows, existing support cushions that are not compliant and pose safety hazards may still end up resold to unsuspecting parents and caregivers. Staying informed of potential hazards, recalls, and safety standard changes when purchasing used durable baby products is highly recommended in all cases, but especially in light of this new mandatory standard that cannot be applied retroactively to products already in the marketplace.
While companies take steps to comply with the new safety standard, Consumer Reports provides recommendations to caregivers to keep babies safe.11 Infant support cushions are broadly defined by the CPSC as including most “soft and squishy” items that you could imagine using with a baby, such as “infant loungers, infant head positioner pillows, 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 nursing and lounging, and tummy-time pillows.”12 The new rule, which goes into effect 180 days following its publication in the Federal Register, will require that all infant support cushions manufactured for sale after the rule takes effect meet the new requirements.
Under the CPSC’s new rule, support cushions must meet firmness testing for all parts of the product’s surface that an infant can come into contact with, in order to reduce the likelihood of suffocation. The sidewall angle (formed between any sidewall and the occupant surface) is required to be greater than 90 degrees to reduce risks of suffocation and entrapment. As with inclined sleepers covered by the SSBA, the new rule also requires a maximum incline angle that cannot exceed 10 degrees. This is designed to address hazardous positioning of an infant’s head and neck on the product. Additionally, it effectively limits the side height of the product to slightly less than 2 inches, which will provide a visual cue to consumers to place the produce on the floor to reduce risk of falling. Where infant restraints are used to suggest infants can safely be left unattended in the product, they are prohibited under the new rule. Lastly, more strongly worded on-product warning labels that are both conspicuous and permanent are required.
Instead of waiting to respond to problematic products with recalls, this rule aims to prevent their introduction into the stream of commerce. The CPSC Chair Alexander Hoehn-Saric emphasized the importance of improving the safety of durable infant products.13 Infants outgrow (often expensive) baby products quite quickly, and this leads to their resale and redistribution on the used market. The new rules are designed not just to prevent dangerous products from being manufactured but also to better ensure second-hand owners are aware of risks just as the original owners are.
The CPSC Chair also advised parents and caregivers the following notes regarding infant support cushions:
“Never use infant support cushions 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 an infant support cushion on the floor.
Do not use on beds, sofas, or other raised surfaces. Do not place infant 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.”
Consumer Reports’ policy counsel, Oriene Shin, commends the CPSC for what is seen as a vital safety standard for infants. “Countless parents and caregivers reasonably assumed that these products were safe for babies when in reality, they came with a serious risk of injury or death. This new safety standard makes the marketplace much safer and easier to navigate, and [Consumer Reports] urge[s] manufacturers to comply with its requirements as quickly as they can.”14 Consumer Reports recommends only using products that have met the new mandatory standards or are intended strictly for sleep when it’s nap time (such as a crib or bassinet).
Conclusion
Many caregivers are unaware of the dangers and use products as marketed, which could potentially kill or seriously injury a baby. If you purchased an infant support cushion manufactured before the new mandatory rule is put into effect, CPSC reminds consumers that the safest place for a baby to sleep is a flat, bare surface dedicated to the infant. Visit CPSC’s Safe Sleep Education Center for additional safety resources to keep your baby safe.
If your child suffered an injury or death while using an infant support cushion, an attorney may help you understand whether you have a claim against the manufacturer or seller of the product. I am sorry if you are reading this because your child was injured or died while using a support cushion. Over my career, I have successfully resolved many child injury claims, and I am licensed to practice law in Florida and North Carolina and co-counsel claims in other states. If you would like to learn more about me or my practice, click here. If you want to request a free consultation, click here. As always, stay safe and stay well.
1 https://www.parents.com/baby/sleep/basics/why-inclined-baby-sleepers-are-so-dangerous/
2 https://www.langinolaw.com/article/inclined-sleepers-banned-what-to-know/
3 https://www.cpsc.gov/Newsroom/News-Releases/2020/CPSC-Cautions-Consumers-Not-to-Use-Inclined-Infant-Sleep-Products
4 https://www.healthcarejournalar.com/news/research-into-baby-biomechanics-shows-issues-with-infant-inclined-sleepers
5 https://news.uams.edu/2019/10/17/research-into-baby-biomechanics-shows-issues-with-infant-inclined-sleepers/
6 Snuga Swings have also been mentioned in this article. On October 10th, massive recalls were issued by the CPSC for over 2 million Fisher-Price “Snuga Swings”[link new Langino Law Snuga Swings article]. The Snuga Swings posed a similar threat to inclined sleepers and bumpers and also resulted in infant deaths due to suffocation.
7 https://www.federalregister.gov/documents/2024/01/16/2023-27324/safety-standard-for-infant-support-cushions
8 https://advocacy.consumerreports.org/press_release/consumer-reports-applauds-new-mandatory-safety-standard-for-baby-loungers-and-other-infant-support-cushions/
9 https://advocacy.consumerreports.org/research/joint-comments-to-the-cpsc-on-the-proposed-safety-standard-for-infant-support-cushions/
10 https://advocacy.consumerreports.org/research/joint-comments-to-the-cpsc-on-the-proposed-safety-standard-for-infant-support-cushions/
11 https://www.consumerreports.org/babies-kids/child-safety/baby-loungers-and-support-pillows-are-about-to-get-safer-a5116392470/
12 https://www.cpsc.gov/Newsroom/News-Releases/2025/CPSC-Approves-New-Federal-Safety-Standard-for-Infant-Support-Cushions-to-Prevent-Infant-Deaths-and-Serious-Injuries
13 https://www.cpsc.gov/Newsroom/News-Releases/2025/CPSC-Approves-New-Federal-Safety-Standard-for-Infant-Support-Cushions-to-Prevent-Infant-Deaths-and-Serious-Injuries
14 https://www.consumerreports.org/babies-kids/child-safety/baby-loungers-and-support-pillows-are-about-to-get-safer-a5116392470/