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Water beads are super-absorbent polymer chemical spheres sometimes marketed as toys or for “sensory” play. Unfortunately, children have been known to ingest water beads, which have led to multiple life-threatening obstructions and even death. Despite “non-toxic” labels, recent research demonstrates that water beads can be toxic due to bead-to-bead inconsistencies. In 2023, CPSC announced that evidence demonstrated acrylamide toxicity in some water bead products. In December 2023, Amazon and other retailers announced a commitment to stop selling water beads.

“Disappointingly, water bead products are still easily accessible on the online platform,” said Courtney Griffin, Director of Consumer Product Safety. “Today’s report underlines many of the serious challenges CPSC faces in its mission to protect consumers, especially when third-party sellers ignore CPSC outreach or disappear. In this case, the companies have failed to respond to CPSC’s requests for recalls, placing consumers at risk.”

Congressman Frank Pallone, Jr. (D-N.J.) introduced legislation to ban water beads marketed for children last year. Representative Robin Kelly (D-Ill) and Representative Britney Pettersen (D-Colo.) co-sponsored the legislation.  The Ban Water Beads Act would direct the CPSC to enforce such a ban. The New Jersey Assembly Consumer Affairs Committee also advanced legislation last year that prohibit the sale of water beads in New Jersey.  In September 2023, Senator Richard Blumenthal (D-Conn.) called on the CPSC to remove water beads from the market, especially water beads sold as toys for children.

The post New Warning that Water Beads May Pose Risk of Toxicity to Children appeared first on Consumer Federation of America.

Water Beads: A Serious Safety Risk

Water beads are water-absorbing balls, often brightly colored, and sold as toys or sensory products. Water beads present a serious ingestion risk to children because the product expands significantly and has lead to lifelong injuries and death. In 2023, CPSC announced that evidence demonstrated acrylamide toxicity in some water bead products.

In December 2023, Amazon and other retailers announced a commitment to stop selling water beads. Disappointingly, water bead products are still easily accessible on the online platform.

Today’s warnings confirm that water beads continue to pose a serious health and safety risk to consumers, especially children.

Constraints on CPSC Hurt Consumers, Protect Industry

CPSC is tasked with protecting the public from unreasonable risk of injury and death from more than 15,000 product categories. Despite the scope and importance of its work, the CPSC’s budge is substantially smaller than any other federal consumer protection agency. Further, because of uncertainty about its budget and the expectation that its already small budget will be cut further, CPSC’s safety efforts are slowing.

Beyond its serious budgetary constraints, CPSC also has unique restrictions in its public disclosure of information. Section 6(b) of the Consumer Product Safety Act prohibits the CPSC from disclosing information about a consumer product that identifies a manufacturer or private labeler unless the CPSC has taken “reasonable steps” to assure that the information is accurate, the disclosure is fair and reasonably related to effectuating the purposes of the CPSC. As such, the CPSC must provide the manufacturer or private labeler with an opportunity to comment on the accuracy of the information, and the CPSC may not disclose such information for at least 15 days after sending it to the company for comment. The reality, however, is that the process between the CPSC and manufacturers or private labelers often takes many years before the information can be disclosed to the public. In the meantime, the hazardous or dangerous product is allowed to flood the marketplace.

Unfortunately, sometimes companies do not respond to a request for a recall. In a recent speech, CPSC Chair Alexander Hoehn-Saric described foreign manufacturers utilizing e-commerce websites to sell products then ignoring CPSC outreach or disappearing. Under current leadership, the CPSC has begun to issue substantially more unilateral warnings to the public about hazardous products. CPSC unilateral warnings are an important tool for the CPSC but does not solve the issue of dangerous and hazardous products already in homes.

Liability Challenges

As online shopping becomes more prevalent, the number of third-party sellers on platforms like Amazon has risen considerably. In addition to the serious safety implications described above, injured consumers or their family may be unable to obtain a judgment against a third-party seller. Further complicating matters, courts have reached different conclusions about the liability of online platforms.

What can you do?

• Throw away any water beads in your home and do not purchase water beads! Contact your daycares, schools, or therapy providers to share the dangers of water beads.
• Visit That Water Bead Lady to read more about Ashley Haugen’s advocacy and Kipley’s journey. Use That Water Bead Lady’s educational materials, which include a letter template requesting your school/therapy stop water bead use, a social media messaging guide, and information to share with your health care provider.
• Contact your elected officials. Let them know you support the CPSC and that it should be fully funded!
• Contact your elected officials. Let them know you support a ban on water beads.
• Urge elected officials to support the CPSC in its critical mission to make the marketplace more focused on consumer safety. Encourage elected officials to protect the CPSC from efforts to undermine its authority to keep consumers safe.  Let their elected officials know that consumers deserve timely information about the potential hazards in their homes.
• Urge your elected officials to support the CAP Act, which would raise the statutory caps on CPSC civil penalties to deter future bad behavior, especially form large corporations.
• Report any consumer product incidents to CPSC at SaferProducts.gov.

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Water beads are super-absorbent polymer chemical spheres sometimes marketed as toys or for “sensory” play. According to That Water Bead Lady, a nonprofit raising awareness about water bead dangers and providing guidance to impacted families, water beads can grow 1,500 times their size when placed in liquid. Unfortunately, children have been known to ingest water beads, which have led to multiple life-threatening obstructions and even death.  The Consumer Product Safety Commission (CPSC) estimates that 7,800 emergency room visits from 2016 to 2022 were associated with water beads. Even when medical treatment is sought, parents have shared heartbreaking stories about incorrect diagnoses and the inability of X-rays to observe water beads.

Despite “non-toxic” labels, recent research demonstrates that water beads can be toxic due to bead-to-bead inconsistencies. CPSC staff tested water beads for acrylamide and detected levels of the known carcinogen and neurotoxin. The test results confirmed the experiences and worst fears of Ashley Haugen, founder of That Water Bead Lady. Haugen’s one-year-old daughter, Kipley, somehow swallowed a water bead, even though the baby had never been allowed to play with the beads and the family never witnessed her swallow one. As a result, Kipley was rushed into emergency exploratory surgery, during which doctors found water bead material blocking the baby’s small intestine. The family’s horrific ordeal didn’t end there. Kipley began to experience development delays. She was ultimately diagnosed with toxic brain encephalopathy, a brain injury resulting from chemical exposure.

Haugen’s story demonstrates one of the more horrifying features shared by affected families: how easily water beads scatter and roll. Even when parents provide adult supervision during an older child’s play and store water beads out of the reach of younger children, the beads roll, hide, and can be undetectable on flooring.  Injuries from water beads have occurred in cases where the beads have not been used by older children in the home for over two years.

“Water beads represent a massive threat, one that’s invisible until it’s too late. I know this firsthand because the beads left my daughter with life altering injuries and a scar on her stomach she will carry for the rest of the life,” said Ashley Haugen, founder of That Water Bead Lady. “As parents we aim to ensure our homes are safe havens, not places where danger lurks in disguise. Watching companies take a proactive stance sets a precedent for corporate responsibility in child safety. It’s a move that not only saves lives but also builds trust among consumers. When parents and corporations work together, we can create a safer world for our children. Action sends the message that child safety is a priority for us all.”

“There are too many heartbreaking stories about children ingesting water beads and suffering life-altering injuries or death,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America. “We support commitment from companies to stop the sale of these incredibly dangerous products to children. We also urge continued and robust action from companies and policymakers to ensure no other children are put at risk.”

Last month, Congressman Frank Pallone, Jr. (D-N.J.) announced legislation to ban water beads marketed for children.  Representative Robin Kelly (D-Ill) and Representative Britney Pettersen (D-Colo.) co-sponsored the legislation.  The Ban Water Beads Act would direct the CPSC to enforce such a ban.  This week, the New Jersey Assembly Consumer Affairs Committee advanced legislation that would prohibit the sale of water beads in New Jersey.  In September, Senator Richard Blumenthal (D-Conn.) called on the CPSC to remove water beads from the market, especially water beads sold as toys for children.

No warning can ever make water beads safe for children.  We appreciate steps taken by some major retailers to prohibit the sale of water beads for children, but more must be done to ensure no other child suffers grave injury or death because of a toy.

What can you do?

• Throw away any water beads in your home and do not purchase water beads!
• Contact your daycares, schools, or therapy providers to share the dangers of water beads.
• Visit That Water Bead Lady to read more about Ashley Haugen’s advocacy and Kipley’s journey.
• Use That Water Bead Lady’s educational materials, which include a letter template requesting your school/therapy stop water bead use, a social media messaging guide, and information to share with your health care provider.
• Follow That Water Bead Lady on social media platforms.
• Contact your elected officials. Let them know you support a ban on water beads.
• Read about Consumer Reports’ investigations into the dangers of water beads.  Learn more about Consumer Report’s advocacy efforts and support their petition to ban the product.
• Share Kids In Danger’s infographic about the perils of water beads.
• Read Kids In Danger’s two-part interview with Ashley Haugen of That Water Bead Lady.
• Read CPSC’s safety materials on water beads.
• Report any incidents to CPSC at SaferProducts.gov.

The post Major Retailers Agree to Stop Sale of Water Beads to Children appeared first on Consumer Federation of America.

“Water beads represent a massive threat, one that’s invisible until it’s too late. I know this firsthand because the beads left my daughter with life altering injuries and a scar on her stomach she will carry for the rest of the life,” said Ashley Haugen, founder of That Water Bead Lady.  “As parents we aim to ensure our homes are safe havens, not places where danger lurks in disguise. Watching companies take a proactive stance sets a precedent for corporate responsibility in child safety. It’s a move that not only saves lives but also builds trust among consumers. When parents and corporations work together, we can create a safer world for our children. Action sends the message that child safety is a priority for us all.”

According to the Consumer Product Safety Commission (CPSC), approximately 7,800 emergency room visits from 2016 to 2022 were associated with water beads.  Injuries have led to multiple life-threatening obstruction, surgeries, and even death.

“There are too many heartbreaking stories about children ingesting water beads and suffering life-altering injuries or death,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America.  “We support commitment from companies to stop the sale of these incredibly dangerous products to children.  We also urge continued and robust action from companies and policy makers to ensure no other children are put at risk.”

Last month, Congressman Frank Pallone, Jr. (NJ-06) announced legislation to ban water beads marketed for children.  The Ban Water Beads Act would direct the CPSC to enforce such a ban.  This week, the New Jersey Assembly Consumer Affairs Committee advanced legislation that would prohibit the sale of water beads in New Jersey.

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Consumer Federation of America is an association of nearly 250 non-profit consumer organizations that was established in 1968 to advance the consumer interest through research, advocacy, and education.

That Water Bead Lady is a nonprofit organization committed to raising awareness about the dangers of water beads and providing guidance to families impacted by product-related injuries.

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There are about 3,400 sleep-related deaths among babies in the U.S. each year, and many deaths can be linked to unsafe sleep environments. Senator Blumenthal’s letters come after the largest professional association of pediatricians in the U.S. consistently warned about the use of weighted sleep products for infants.  In its 2022 evidenced-based safe sleep recommendations, the American Academy of Pediatrics (AAP), recommended against the use of weighted blankets, weighted sleepers, weighted swaddles, or other weighted objects on or near sleeping infants.  Earlier this year, AAP urged the U.S. Consumer Product Safety Commission (CPSC) to conduct vigorous oversight on all weighted sleep products marketed for infants and children, and it expressed its serious concerns about weighted infant sleep products.

In this week’s letters to Dreamland Baby and Nested Bean, Senator Blumenthal took issue with the companies’ claims that the products were developed in partnership with doctors, despite the AAP’s clear opposition to such products. Concerningly, Senator Blumenthal’s letters identified that an infant’s impaired arousal from sleep may contribute to the risk of Sudden Infant Death Syndrome (SIDS). As such, a product designed to decrease arousal from sleep, like a weighed sleep product, may inhibit an infant’s natural ability to rouse themselves and put the infant at a greater risk for SIDS.

Senator Blumenthal also raised the concern that infants’ ribcages are not ossified and pressure on their chests may affect breathing and heart rate. He also discussed the biological need for infants to feed frequently due to their small stomach size. Senator Blumenthal’s letters requested, among other things, answers from Dreamland Baby and Nested Bean about reports of any incidents/injuries linked to the products, information about medical experts consulted, research or studies conducted, and consumer education materials about the need to wake up young infants every few hours to feed.

Senator Blumenthal is not the only one raising concerns about weighted infant sleep products. The Center for Disease Control and Prevention warns that weighted products – like weighted sleepers, weighted swaddles, and weighted sleep sacks, and weighed blankets – are not safe for infants. The CPSC also recommends against the use of weighted infant products.

According to Michelle Barry of Safe Infant Sleep, a nonprofit organization that distributes evidence-based information about sleep safety to caregivers and provides peer-to-peer support, there are other potential concerns with weighted infant sleep products, including the weighted items working against a baby’s ability to reposition themselves when rolling.  Further, the beads or poly pellets used to add weights can also present a hazard to children.  “Many consumer reviews have relayed that beads spilled out without much use, creating a potential aspiration risk,” Ms. Barry said.  “The CPSC banned pillows filled with these beads years ago due to the similar risk and is also why stuffed animals that are filled with similar materials aren’t intended for children under 3. Allowing products intended for sleep, when there will be no supervision to prevent such a hazard, is extremely dangerous.”

“Caregivers of infants and babies have so much to think about and are already stretched so thin,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America. “Caregivers should be able to trust that the products marketed and sold for infant sleep are safe.  Unfortunately, that is not always the case. Consumer Federation of America celebrates Senator Blumenthal’s continued attention to product safety.  We welcome his inquiry into weighted infant sleep products.  The lives of children are more important than a company’s bottom line.”

Ms. Barry stated, “Allowing products intended for sleep, when there will be no supervision to prevent such a hazard, is extremely dangerous.”

Want more information?

• Remember the ABCs of safe sleep! Babies should always sleep Alone, on their Back, in a safe Crib (or sleep space).
• Visit Safe Infant Sleep for more evidenced-based information on safe sleep basics, Sudden Infant Death, and other resources.
• Read AAP’s evidence-based infant sleep recommendations, as well as AAP’s research on the issue.
• Learn about creating a safe sleep environment with the Safe to Sleep Interactive Safe Sleep Environment Tool.
• Check CPSC’s website for recalls at gov and sign up to receive recall notifications.
• Learn about the various facets of CPSC’s work or contact the CPSC’s Consumer Ombudsman, who is dedicated to helping the public understand how the CPSC works.
• Urge elected officials to support consumers and the caregivers of young children with safer products.
• Urge elected officials to support the CPSC in its critical mission to make the marketplace more focused on consumer safety. Encourage elected officials to protect the CPSC from efforts to undermine its authority to keep consumers safe.  Let their elected officials know that consumers deserve timely information about the potential hazards in their homes.

The post Weighted Infant Sleep Products Continue to Raise Serious Safety Concerns appeared first on Consumer Federation of America.

CPSC identified 154 infant fatalities from January 1, 2010, to December 31, 2022, involving infant pillows.   92% of those fatalities involved an infant sleeping in or on the nursing pillow. The fatality data is clear: many nursing pillows on which deaths occurred are conducive to uses other than caregiver-led feeding, such as infant sleep or propping an infant, because of how some of the nursing pillows are shaped with small openings and long side arms.  For this reason, CFA and NCHR urge the CPSC to consider an angularity performance requirement to ensure that there is no reasonable way on which to prop or lounge a baby on a nursing pillow.

The post CFA and NCHR Submit the CPSC’s Proposed Nursing Pillow Rule appeared first on Consumer Federation of America.

The new mandatory requirements are a result of the bipartisan Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act, which Congress passed in December 2022.  The U.S. Consumer Product Safety Commission (CPSC) will enforce the STURDY Act, and CPSC adopted the ASTM F2057-23 standard as a mandatory requirement that will now go into effect on September 1.  The STURDY Act came after many years of advocacy from parent-advocates and consumer groups for safer laws.  At least 234 people have been killed by furniture tip-overs from 2000 to April 2022.  At least three children died from furniture tip-overs this year.

Consumer Federation of America (CFA) and Kids In Danger (KID) warn consumers, however, that the mandatory requirements only impact clothing storage furniture made after September 1, 2023.  Retailers can still sell clothing storage units made before September 1, even though this furniture may not meet the lifesaving safety guidelines the CPSC adopted.  Further, the rule only addresses clothing storage units, such as dressers, but does not impact other unstable furniture or televisions.

“Manufacturers and retailers must do the right thing now and only sell clothing storage units that meet these critical safety standards. Business profits are not more important than children’s lives.  Children should not endure the fatal consequences of further delay,” says Courtney Griffin, Director of Consumer Product Safety at CFA.

“The dangers of unstable furniture have been apparent for years,” stated Nancy Cowles, Executive Director of KID. “Unstable furniture sold during this transition stage will lurk in homes for decades, likely leading to deaths and injuries.  All furniture sold now should meet the tough new standard.”

“Thanks to the collaborative efforts that led to the STURDY Act becoming law, starting today, manufacturers will finally be required to make dressers and other clothing storage furniture that must pass strong safety and stability tests and come with a furniture anchor,” says Kimberly Amato, Vice Chair of Parents Against Tip-Overs (PAT). “We strongly encourage parents to anchor all furniture with drawers, doors, and shelves to the wall as a secondary safety measure and for added protection from tip-over.”

CFA and KID urge consumers and caregivers to mitigate the risk of furniture tip-overs with the following tips:

• When purchasing new clothing storage furniture, ask if the product complies with the new safety requirements (ASTM F2057-23) under the STURDY Act.
• Anchor It! CFA and KID encourage caregivers to anchor all furniture to the wall, including furniture that is already in homes.  The new standard requires new clothing storage furniture to include anchoring kits, and consumers should use the kits to prevent tragedy.
• For more information about the importance of, and how to use anchoring kits, visit anchorit.gov.
• Report any furniture tip-over incidents to the CPSC at gov.

The post New Safety Standards Go Into Effect Friday That Will Prevent Child Injury and Death from Dresser Tip-Overs appeared first on Consumer Federation of America.

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The Revolving Door: How a Florida Insurance Commissioner is Going on a Lucrative Career as an Insurance Lobbyist — Likely at the Expense of Consumers

Rock n’ Play Recall Demonstrates How Secrecy Provision of Law Hides Product Dangers from Consumers

Group Letter to Chairman Gensler Spotlights Climate Risks in Private Markets

In the Face of FDA Inaction on Harmful Food Dyes, California Offers Hope of Protecting Consumers

By: Thomas Gremillion, Director of Food Policy

For far too many parents, navigating the food system feels like traversing a minefield. CFA is working to address one source of this anxiety: artificial dyes.

For decades, researchers have suspected that several artificial dyes contribute to hyperactivity and attention deficit disorder in children. These suspicions were recently confirmed by the California Office of Environmental Health Hazard Assessment. After comprehensively and systematically reviewing the evidence, the agency concluded in 2021 that several dyes “cause or exacerbate neurobehavioral problems in some children.” Specifically, the agency’s report fingers the color additives FD&C Blue No. 1, FD&C Blue No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, and FD&C Yellow No. 6.

Last year, CFA joined consumer advocacy partners in petitioning the California Department of Public Health (CDPH) to require a warning label on dye-containing foods and supplements to alert consumers about the adverse effects these dyes have on children’s neurobehavior. Earlier this month, I testified with other petitioner representatives, and experts including toxicologists, epidemiologists, and pediatricians, at a public hearing that CDPH held on the group’s petition. We sought to counter industry trade groups’ and paid consultants’ arguments against acting on the science.

One common argument was that these dyes are safe because the U.S. Food and Drug Administration (FDA) has approved them, and FDA is the expert. However, FDA’s approval of these dyes happened in the 80s or even earlier, before the dawn of the personal computer, never mind the genetic analysis technologies that have shed light on why food dyes appear to cause hyperactivity in some children, and even appear to have as large an effect on children’s behavior as lead does on children’s IQ.

Industry has argued that FDA’s ongoing market surveillance should suffice to ensure public protections against these food dyes remain up-to-date. However, FDA’s market surveillance of the harms caused by these dyes has let consumers down, in part because FDA is underfunded and under resourced. The entire FDA Office of Food Additives Safety—responsible for regulating more than 10,000 chemicals in food and a multi-billion-dollar industry—has just over 100 full-time technical staff. And it does not currently have a director.

According to a 2013 study of over 4,000 chemicals purposely added to food such as flavors, preservatives, and sweeteners, less than 22% had sufficient data to estimate how much is safe to eat, and less than 7% were tested for developmental or reproductive effects. FDA may not even know that a chemical is in the food supply, thanks to the Generally Recognized as Safe (GRAS) process, under which food companies have been allowed to determine themselves that over a thousand food chemicals are Generally Recognized as Safe.

Unfortunately, FDA is not going to stand up for consumers on food dyes, but California can. And one big reason for doing so is to establish a level playing field for companies that want to do the right thing. A few years ago, several large companies including General Mills, Kellogg, and Mars made bold pledges to remove artificial colors from their products, but most of them have not followed through. And no wonder! If a company’s competitors can save money and otherwise take advantage of using these chemicals, it’s hard to make the business case for change.

In Europe, public health authorities have required a warning label on most dyed foods for 15 years. The experience of many leading U.S. companies “across the pond” shows that reformulating foods to remove dyes is feasible and economical. If we arm American consumers with accurate information about food dye harms, we can be confident that it will move the market on this issue just as it has in Europe. Consumers have a right to make educated choices about what foods they purchase and consume. If the FDA can’t stand up to protect consumers, particularly young children, from harmful food dyes, then individual state public health departments should. California, CFA urges you to lead by example and put consumers first.

The Revolving Door: How a Florida Insurance Commissioner is Going on to a Lucrative Career as an Insurance Lobbyist — Likely at the Expense of Consumers

By: Michael DeLong, Insurance Research Advocate

The fifty-one state Insurance Departments are responsible for regulating insurance, protecting consumers, and making sure that insurance rates are not excessive, inadequate, or unfairly discriminatory. Some commissioners are determined to help consumers. Others, less so. Some regulators seem to treat their time in government as a slow-moving job interview for a high-paying positions within the insurance industry. They exit their Department of Insurance through the “revolving door” that connects the agency with the industry, taking lucrative jobs as lobbyists or “government affairs” executives in the insurance sector after they leave their public post.

As the doors are revolving, we also see former industry staff moving into the public agencies as well. The problem is not just limited to the Commissioners—top-level insurance department staff also pass through too often, and it can result in an unhealthy relationship between the insurance industry and the departments that are supposed to oversee them. Not surprisingly, the revolving door can undermine consumer protection and enforcement of the laws. If an Insurance Commissioner plans to get a job at an insurance company after they leave office, they may avoid taking actions that would upset that company. Regulators may even take actions or make decisions enabling them to cash in later, when they join insurance companies that they have regulated. Insurance companies, in turn, hire former Commissioners and regulators to gain personal access to government officials, to seek favorable legislation and regulations, and to get inside information on what Insurance Departments are doing.

A recent poster child of this phenomenon is former Florida Insurance Commissioner David Altmaier, who abruptly resigned late last year to join an insurance lobbying firm.  For fourteen years, Altmaier worked in the Florida Office of Insurance Regulation (OIR), and from 2016 to 2022 he was Florida’s Insurance Commissioner, a period marked by hostility to consumer advocates and consumer protection, and, as his last year concluded, the extraordinary lapse in regulatory oversight of insurers that were low-balling and defrauding policyholders dealing with Hurricane Ian claims.

In late 2022, Altmaier urged the Florida legislature to pass sweeping law changes, claiming that they would stabilize Florida’s troubled property insurance market. The Florida legislature held a short special legislative session in 2022 and enacted these reforms, which created a new layer of reinsurance funded by the state, banned one-way attorneys’ fees in insurance claims litigation, and made it harder for policyholders to bring litigation against insurers.

In a December 2022 letter to Governor Ron DeSantis, Altmaier praised these new laws and wrote that “we have worked with the Florida Legislature to meet historic challenges with historic reforms.” But some observers were more skeptical, doubting that the reform would reduce property insurance costs. In a Twitter post, Florida House Democratic spokesman Jackson Peel asked, “What do you think will be announced first: The next insurance company leaves Florida’s collapsing market or his new high paying job in the insurance industry?”

The answer was the latter, with a slight twist: Altmaier obtained a high paying job at a lobbying firm, as a lobbyist, excuse me, “advocate,”  for the insurance industry. His new is quite explicit about the value of the revolving door: “I leverage over a decade of experience to help insurance and insurance-adjacent entities navigate the complex world of regulation and regulatory policy.”

In that same letter mentioned earlier, Altmaier submitted his resignation, which took effect on December 28^th, 2022—only a couple of weeks later. Why did he depart so quickly? Because on January 1^st, 2023, a new anti-lobbying law took effect. Before then, former Florida agency heads (including former Insurance Commissioners) would be banned from lobbying for two years, and this law extended that lobbying ban to six years. By resigning before the law became operational, Altmaier could avoid this extended ban.

And in March 2023, Altmaier announced that he had a plum new job: he would be joining the Southern Group, the top-earning lobbying firm in Florida. Florida Politics reported that Altmaier “will be utilizing his network of contacts to build a national insurance advisory practice.” Insurance Journal reported that the former Commissioner “will be ‘an extraordinary effective advocate’ at a time that insurance companies need those skills the most.” With no sense of irony or impropriety, the Southern Group’s website announces that “Today, the sharp lines between government, business, and constituencies have blurred.”

In his new job, Altmaier is taking advantage of another loophole in Florida’s anti-lobbying law. The law bans Florida agency heads from lobbying their former agencies—but not from lobbying Florida legislators. Altmaier’s salary is not listed. But we suspect that his new position is quite a bit more lucrative than his old position as Florida Insurance Commissioner.

To summarize: former Florida Insurance Commissioner David Altmaier, in charge of regulating insurance and safeguarding consumers, abruptly resigned from his job, where he was hostile to consumers and cozy with the insurance industry. And not even three months later, he joined Florida’s largest lobbying firm to advocate for insurance companies by using his former contacts and knowledge. This case is a perfect example of the revolving door, where some insurance regulators move seamlessly from public service to very profitable lobbying and influence-peddling.

We invite Florida’s new Insurance Commissioner, Michael Yaworsky, to chart a different path and pledge not to work for the insurance industry when his time at the agency ends.

Rock n’ Play Recall Demonstrates How Secrecy Provision of Law Hides Product Dangers from Consumers

By: Courtney Griffin, Director of Consumer Product Safety

The Consumer Product Safety Commission continues to find recalled Rock n’ Play sleepers listed for sale on Facebook Marketplace, despite representations from Meta, Facebook Marketplace’s owner, that it would take steps to prevent the re-sell of recalled products on its platform.  In his second letter to Mark Zuckerberg, CEO of Meta, CPSC Chair Alex Hoehn-Saric once again urged Meta to do more to stop the illegal sale of recalled consumer products.

In another letter to Mattel and its subsidiary Fisher-Price, Hoehn-Saric also urged the company to take additional steps to protect babies from the hazards posed by recalled Rock n’ Play infant sleepers.  Hoehn-Saric called on the company to announce the recall again and do more to remove Rock n’ Play sleepers from the resell market and homes. According to the CPSC, the average listed price of a Rock n’ Play sleeper on the secondary market is $25, more than what some consumers will receive if they act on the recall.

The CPSC issued a recall on Rock n’ Play sleepers in April 2019 and again in January 2023 because of poor results.  The sleeper has been linked to the deaths of almost 100 infants, with at least 8 occurring after Fisher-Price recalled the product. In a letter to members of Congress in March 2023, Fisher-Price stated that it has “completed more than 465,000 cumulative corrections related to recalled Rock n’ Play sleepers, including product in manufacturer inventory, retailer inventory, and with consumers.”  This amounts to less than 10% of the 4.7 million recalled Rock n’ Play sleepers.

In addition to highlighting how easy it is to purchase dangerous recalled products, the Rock n’ Play saga also demonstrates how dangerous products flood the market because of the unique restrictions that govern the CPSC’s public disclosure of information.  Section 6(b), 15 U.S.C. § 2055(b), a provision of the Consumer Product Safety Act (CPSA), prohibits the CPSC from disclosing information about a consumer product that identifies a manufacturer or private labeler unless the CPSC has taken “reasonable steps” to assure that the information is accurate, the disclosure is fair and reasonably related to effectuating the purposes of the CPSC.  As such, the CPSC must provide the manufacturer or private labeler with an opportunity to comment on the accuracy of the information, and the CPSC may not disclose such information for at least 15 days after sending it to the company for comment.  The reality, however, is that the process between the CPSC and manufacturers or private labelers often takes many years before the information can be disclosed to the public.

In the case of the Rock n’ Play, it remained on the market for a decade despite infant deaths tied to the product.  The CPSC issued an alert in May 2018 regarding “infant deaths associated with inclined sleep products,” but did not identify specific products in a way that was helpful for most caregivers.  However, it was an accidental disclosure of information that prompted the events leading to the Rock n’ Play’s recall.  While reviewing data it requested from the CPSC, Consumer Reports found several infant fatalities linked to the Rock n’ Play and similar products.  Under section 6(b) that data should have been redacted but the agency had made a mistake and released the information to Consumer Reports.  By the April 2019 recall, approximately 4.7 million Rock n’ Play sleepers had flooded the market.

Recently the CPSC issued a Supplemental Notice of Proposed Rulemaking to update the regulation interpreting section 6(b).  The Supplemental Notice of Proposed Rulemaking did not in any way repeal or significantly alter the main restrictions of section 6(b), but the proposed changes would streamline and modernize the regulation interpreting the statute.  CFA submitted public comments supporting the minor changes, but stated that repeal of section 6(b) is necessary to promote consumer safety and transparency.

Senator Richard Blumenthal (D-CT) and Representative Jan Schakowsky (D-IL) reintroduced the Sunshine in Product Safety Act in March 2023. In a related press release, Senator Blumenthal said: “This measure removes the regulatory straight jacket that deprives consumers of vital product safety information. Current regulatory requirements give companies the right to veto vital CPSC warnings and deny the truth to consumers. By repealing Section 6(b), our measure would free the CPSC to swiftly warn the public about hazardous products and require companies to put people ahead of profits.”

In the same press release Congresswoman Schakowsky said, “Section 6(b) of the Consumer Product Safety Act prevents the Consumer Product Safety Commission (CPSC) from telling the public about potentially dangerous products without the company’s permission. Simply put, it protects companies over consumers. This cannot stand.” 

Blumenthal and Schakowsky previously introduced the Sunshine in Product Safety Act in April 2021 after reports that Peloton obstructed the CPSC’s investigation following injuries and a child’s death.

CFA strongly supports the Sunshine in Product Safety Act, stating in the bill’s press release: “It is time for Congress to stop allowing companies to put the lives of consumers, especially our most vulnerable, in danger.  We applaud Senator Blumenthal and Congresswoman Schakowsky for valuing transparency and the lives of consumers by introducing the Sunshine in Product Safety Act. It is past time to repeal the gag order that is Section 6(b) and allow the Consumer Product Safety Commission to do its life-saving work to the best of its ability.”

Caregivers have an expectation that the products they purchase, especially products for babies and children, are safe.  Yet the CPSC cannot share critical, sometimes life-saving information.  CFA and other product safety advocates support the Sunshine in Product Safety Act for this reason.  It is important that we let our elected officials know that companies should not be able to hide or delay critical safety information.  Consumers deserve timely information about the potential hazards in their homes and babies deserve to sleep in safe products. It is imperative that Congress passes the Sunshine in Product Safety Act to protect consumers.

Group Letter to Chairman Gensler Spotlights Climate Risks in Private Markets

By: Dylan Bruce, Financial Services Counsel

On April 4, a diverse group of organizations, including investor protection and shareholder advocates, climate advocates, and businesses, wrote to Securities and Exchange Commission Chairman Gary Gensler to highlight how private markets contribute to and exacerbate climate-related risks for investors and our financial system and what the Commission must do to meet these growing risks.

Specifically, the letter discusses the troubling and emerging trend of public companies shifting carbon-intensive, “dirty” assets from their balance sheets into private markets, a practice known as “brown spinning.” These transactions, which can effectively remove high emitting assets out of publicly available disclosures and into the shadows of private markets, are increasingly being employed in emissions-intensive industries, often to meet seemingly altruistic climate goals. Regrettably, the net effect is that the climate impacting assets and activities continue unabated while the associated climate-related risks for investors and markets become worse and more difficult to assess. As the letter states, “The ability of private companies to stay dark and of public companies to shift dirty assets into the dark could mean that the overall levels of emissions and climate impacting activities could remain the same, or perhaps even grow. If private markets become a de facto risk repository for the dirtiest assets, then despite the Commission’s best efforts to facilitate relevant climate-related information, investors would remain in the dark about these risks, unable to price these risks effectively or ascertain their true exposure to these risks.”

To address this issue, the letter urges the Commission to take decisive action to limit companies’ ability to hide climate-related risks in private markets and to promote the health and vitality of public markets generally. This can be done in part by reining in the excessive growth of private markets. Accordingly, the SEC should move forward with several regulatory proposals that are currently on the Agency’s agenda, including updating the Accredited Investor definition, making modest changes to the Regulation D framework, and making long overdue changes to Section 12(g) of the Exchange Act. The letter observes that “these updates would stem the growth of private markets and encourage companies to go public, where they would be subject to public disclosure requirements, including disclosure of their climate- and other Environmental, Social, and Governance-related risks.”

Unless the structural problems that allow companies to effectively hide dirty assets in private markets are addressed, “the Commission’s efforts to improve climate disclosures [for public issuers] will, at best, be a partial success, leaving a wide swath of investors and our markets vulnerable to the profound risks of climate change, and compounding the unhealthy imbalance between public and private markets that exists today.”

The post CFAnews Update – April 27, 2023 appeared first on Consumer Federation of America.

In another letter to Mattel and its subsidiary Fisher-Price, Hoehn-Saric also urged the company to take additional steps to protect babies from the hazards posed by recalled Rock n’ Play infant sleepers.  Hoehn-Saric called on the company to announce the recall again and do more to remove Rock n’ Play sleepers from the resell market and homes. According to the CPSC, the average listed price of a Rock n’ Play sleeper on the secondary market is $25, more than what some consumers will receive if they act on the recall.

The CPSC issued a recall on Rock n’ Play sleepers in April 2019 and again in January 2023 because of poor results.  The sleeper has been linked to the deaths of almost 100 infants, with at least 8 occurring after Fisher-Price recalled the product. In a letter to members of Congress in March 2023, Fisher-Price stated that it has “completed more than 465,000 cumulative corrections related to recalled Rock n’ Play sleepers, including product in manufacturer inventory, retailer inventor, and with consumers.”  This amounts to less than 10% of the 4.7 million recalled Rock n’ Player sleepers.

In addition to highlighting how easy it is to purchase dangerous recalled products, the Rock n’ Play saga also demonstrates how dangerous products flood the market because of the unique restrictions that govern the CPSC’s public disclosure of information.  Section 6(b), 15 U.S.C. § 2055(b), a provision of the Consumer Product Safety Act (CPSA), prohibits the CPSC from disclosing information about a consumer product that identifies a manufacturer or private labeler unless the CPSC has taken “reasonable steps” to assure that the information is accurate, the disclosure is fair and reasonably related to effectuating the purposes of the CPSC.  As such, the CPSC must provide the manufacturer or private labeler with an opportunity to comment on the accuracy of the information, and the CPSC may not disclose such information for at least 15 days after sending it to the company for comment.  The reality, however, is that the process between the CPSC and manufacturers or private labelers often takes many years before the information can be disclosed to the public.

In the case of the Rock n’ Play, it remained on the market for a decade despite infant deaths tied to the product.  The CPSC issued an alert in May 2018 regarding “infant deaths associated with inclined sleep products,” but did not identify specific products in a way that was helpful for most caregivers.  However, it was an accidental disclosure of information that prompted the events leading to the Rock n’ Play’s recall.  While reviewing data it requested from the CPSC, Consumer Reports found several infant fatalities linked to the Rock n’ Play and similar products.  Under section 6(b) that data should have been redacted but the agency had made a mistake and released the information to Consumer Reports.  By the April 2019 recall, approximately 4.7 million Rock n’ Play sleepers had flooded the market.

Recently the CPSC issued a Supplemental Notice of Proposed Rulemaking to update the regulation interpreting section 6(b).  The Supplemental Notice of Proposed Rulemaking did not in any way repeal or significantly alter the main restrictions of section 6(b), but the proposed changes would streamline and modernize the regulation interpreting the statute.  CFA submitted public comments supporting the minor changes but stated that repeal of section 6(b) is necessary to promote consumer safety and transparency.

Senator Richard Blumenthal (D-CT) and Representative Jan Schakowsky (D-IL-09) reintroduced the Sunshine in Product Safety Act in March 2023.  “This measure removes the regulatory straight jacket that deprives consumers of vital product safety information,” said Senator Richard Blumenthal stated in the press release. “Current regulatory requirements give companies the right to veto vital CPSC warnings and deny the truth to consumers. By repealing Section 6(b), our measure would free the CPSC to swiftly warn the public about hazardous products and require companies to put people ahead of profits.”

“Section 6(b) of the Consumer Product Safety Act prevents the Consumer Product Safety Commission (CPSC) from telling the public about potentially dangerous products without the company’s permission. Simply put, it protects companies over consumers. This cannot stand,” said Congresswoman Jan Schakowsky in the press release.  Blumenthal and Schakowsky previously introduced the Sunshine in Product Safety Act in April 2021 after reports that Peloton obstructed the CPSC’s investigation following injuries and a child’s death.

CFA strongly supports the Sunshine in Product Safety Act, stating in the bill’s press release: “It is time for Congress to stop allowing companies to put the lives of consumers, especially our most vulnerable, in danger.  We applaud Senator Blumenthal and Congresswoman Schakowsky for valuing transparency and the lives of consumers by introducing the Sunshine in Product Safety Act. It is past time to repeal the gag order that is Section 6(b) and allow the Consumer Product Safety Commission to do its life-saving work to the best of its ability.”

Caregivers have an expectation that the products they purchase, especially products for babies and children, are safe.  Yet the CPSC cannot share critical, sometimes life-saving information.  CFA and other product safety advocates support the Sunshine in Product Safety Act for this reason.  It is important that we let our elected officials know that companies should not be able to hide or delay critical safety information.  Consumers deserve timely information about the potential hazards in their homes and babies deserve to sleep in safe products. It is imperative that Congress passes the Sunshine in Product Safety Act to protect consumers.

The post Rock n’ Play Recall Demonstrates How Secrecy Provision of Law Hides Product Dangers from Consumers appeared first on Consumer Federation of America.

“For too long, too many children have died from the preventable hazard of unstable furniture, especially dressers,” stated Nancy Cowles, Executive Director of Kids In Danger. “This new mandatory standard, developed through collaboration of all stakeholders and led by the grit and determination of parents who have already lost children, made this happen and we are eager to see the new stable furniture for sale and in our homes.”

“No family should have to experience the injury or death of a child because of furniture tip-overs. This long overdue mandatory standard addresses preventable, real world risks. It will save lives and protect children from furniture tip-overs,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America.

In the U.S., on average, six children are sent to the emergency department each day from a furniture tip-over incident, and on average, one child dies every two weeks from a furniture or TV tip-over. Previously, the only safety standard addressing the issue of tip-overs was a voluntary industry standard that was not robust enough to prevent tip-overs. KID and CFA have been working with advocates such as Parents Against Tip-overs (PAT) for over a decade to get CPSC and Congress to create a strong mandatory standard to prevent furniture tip-overs, and also through the ASTM process to strengthen the previous voluntary standard.

“Parents Against Tip-overs (PAT) is thrilled with the CPSC’s approval of the much improved stability standard ASTM F2057-23 as the mandatory rule, per the direction of The STURDY Act,” stated Brett Horn, Chairman of PAT. “A strong mandatory standard has been the individual and shared goal of all PAT parents for 20 years. Our kids’ deaths are the ‘data’ justifying the need for change, our parents’ testimonies were the catalyst for the CPSC’s rule, our push for compromise was instrumental in the life saving improvements to the voluntary standard, and our passion for a solution was the driving force behind the passage of the STURDY Act. Our hope is the result will be the protection of children from the horrible accidents which took our children’s lives.” Read PAT’s full statement here.

After collaboration among all stakeholders to strengthen that standard, ASTM International published its updated furniture safety standard in February, and includes objective, repeatable, reproducible, and measurable series of tests that simulate real-world use. The new standard:

• includes testing that simulates the weight of children up to 60 pounds,
• accounts for impacts on clothing storage unit stability that may result from multiple drawers open and placement on carpeted surfaces,
• accounts for impacts on dresser stability that may result from drawers with items in them,
• accounts for impacts on clothing storage unit stability that may result from dynamic force,
• requires testing of all clothing storage units including those 27 inches and above in height, and
• mandates warning and labeling requirements are precise, well placed, and informative.

Although the voluntary standard on which this rule is based was published in February 2023, this new mandatory rule will be effective 120 days after its publication in the Federal Register. This new rule will supersede a previous CPSC rule set to take effect on May 24, 2023.

While today’s advancement is positive for the future safety of children, it applies to dressers and clothing storage furniture sold after the effective date. Unstable TVs and other furniture are not covered by this standard. Unstable furniture remains in many homes. KID and CFA strongly urge consumers to anchor their furniture to prevent tip-overs. Learn how to anchor furniture and TVs at the CPSC’s Anchorit.gov site. Any furniture tip-over incidents should be reported to the CPSC at SaferProducts.gov.

The post CPSC Votes to Adopt ASTM Dresser Standard as Mandatory Rule to Prevent Tip-Over Deaths appeared first on Consumer Federation of America.

The agency found that the company imported the infant sleep product that was manufactured after June 23, 2022, and therefore fails to comply with the mandatory requirements of the ISP Rule. KID and CFA believe that no infant lounger should be allowed for sale regardless of manufacture date and they should be removed from homes due to suffocation hazard. Consumers should not buy or use these products, and should immediately dispose of them rather than donating or reselling. Commissioner Richard Trumka, Jr. pointed to reports of deaths in DockATot’s product in SaferProducts.gov in his statement.

“Products that don’t meet the CPSC’s Infant Sleep Product Rule but encourage parents to use them as loungers or for naps should not be available,” stated Nancy Cowles, Executive Director of Kids In Danger. “The very dangers products like these pose are the reason for the Infant Sleep Product Rule. Parents shouldn’t be fooled by a change in nomenclature from sleeper to lounger.”

”The CPSC’s enforcement of the Infant Sleep Product Rule is incredibly important to protecting babies as they sleep,” stated Rachel Weintraub, legislative director and general counsel with Consumer Federation of America. “Manufacturers must comply with the rule and those that do not should face, not only the legal consequences for non-compliance, but also the responsibility of removing these products from the market.”

Babies sleep safest on their back, and on a firm, flat surface in a crib, bassinet or play yard that meets a federal standard, with only a fitted sheet. Other products such as crib bumper pads, pillows, blankets, or other products should not be in the sleep environment. View KID’s Safe Sleep PSA for more safety information.

KID and CFA call on DockATot and the CPSC to immediately recall the loungers to prevent child injuries, and for the CPSC to recall all hazardous infant loungers. Last year, Boppy recalled 3.3 million loungers due to suffocation risk after eight reported child deaths. The CPSC issued a warning against Leachco loungers earlier this year after two reported deaths.

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The new mandatory rule addressing custom window coverings requires strong safety standards for the safe operation of custom products. This rule goes into effect 180 days after publication in the Federal Register. The other new rule finalized today “deems the presence of hazardous operating cords and inner cords on stock window coverings and hazardous inner cords on custom window coverings to be a substantial product hazard.” This means that if a stock window covering has an unsafe operating and inner cord and a custom window covering has an unsafe inner cord, that the CPSC can take action to protect consumers. This second rule goes into effect 30 days after publication in the Federal Register for window coverings manufactured after that date.

Hazardous corded window coverings sold in the United States create unsafe sleep and play environments for children. Consumers who rent and have no buying choice are especially at risk for exposure to unsafe window coverings.

“It took 20 years to the day for this mandatory rule to finally happen.  My daughter, Cheyenne, died from a cord that runs between the slats of a window blind in 2002. By the time we wrote the petition in 2013, over 100 children had been injured and killed. The saddest thing for me is talking to a parent who lost a child on a product that was professionally installed or labeled child safe,” stated Linda Kaiser, Founder of Parents for Window Blind Safety. “Strangulation incidents can happen quickly even when parents can be in the same room. Due to the vagus nerve being compressed during these incidents, the impact of injury is severe and the chance of survival after entanglement is less than one minute.”

For nearly two decades, Parents for Window Blind Safety, Consumer Federation of America, and Independent Safety Consulting, LLC have prioritized window blind safety through participation in the voluntary and mandatory standards processes in the United States and Canada. The organizations participated in the United States WCMA/ANSI voluntary standards process in 2010, 2012, 2017, and 2021; Health Canada’s 2013 standard update; and the United States CPSC mandatory standards process through petitioning the U.S. Consumer Product Safety Commission in 2014 to ban unsafe accessible window covering cords.

In 2017, when advocates participated in the voluntary standard development process with CPSC and the window coverings industry, the Window Covering Manufacturers Association (WCMA) stated that hazards on custom cords would be addressed by initiating an additional safety standard within six months after the December 31, 2018 enforcement date. That deadline was not met.

“We petitioned the CPSC in 2014 because of the failure of the voluntary standard to adequately address the hazard posed by accessible window covering cords,” stated Rachel Weintraub, Legislative Director and General Counsel with Consumer Federation of America. “In the last eight years, that failure has only become starker, and the need for a mandatory standard has become even more necessary. We deeply appreciate the promulgation of these critical safety rules and applaud the CPSC for effectively addressing these hazards.”

“CPSC’s action to ban hazardous, corded window coverings will finally turn the tide and prevent deaths on new products. It saddens me that industry did not step up sooner, and on its own, despite decades of infant and child fatalities,” stated Carol Pollack-Nelson, Ph.D, a human factors psychologist specializing in consumer product safety and owner of Independent Safety Consulting, LLC. “As a result, there will undoubtedly continue to be strangulation deaths on corded products already in consumers’ homes for many years to come.”

“Window covering cords are a lethal hazard in our homes,” said Nancy Cowles, Executive Director of Kids In Danger. “Today’s new rules from the Consumer Product Safety Commission will close loopholes and protect all children from deadly cords.”

Contact: Rachel Weintraub, 202-904-4953

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The post CFA Submits Comments on Inclined Sleep Products for Infants appeared first on Consumer Federation of America.

The litigation, Finnbin, LLC vs. Consumer Product Safety Commission challenged the CPSC’s Infant Sleep Product Rule and the agency’s authority to promulgate the rule. Consumer Federation of America and Kids In Danger joined Consumer Reports in an amicus brief strongly supporting the CPSC’s rule and legal promulgation of the life-saving rule.

“We applaud the Court’s decision in Finnbin vs CPSC that allows the CPSC’s critically important, infant sleep product rule to remain in effect,” stated Rachel Weintraub, Legislative Director and General Counsel with Consumer Federation of America. “This decision affirms the CPSC’s clear authority to issue product safety rules, such as this rule, which is necessary to protect babies while they sleep.”

“The CPSC’s Infant Sleep Product Rule is one of the most important actions the agency has taken to protect our most vulnerable consumers – newborns and infants while they sleep,” said Dev Gowda, Assistant Director of Kids In Danger. “The Court’s decision helps assure parents and caregivers that products they buy for infant sleep are safe for that use.”

According to CPSC data and Consumer Reports’ investigations, inclined sleep products have been linked to at least 94 infant deaths, and at least 23 deaths are tied to previously unregulated flat sleep products, including in-bed sleepers.

The American Academy of Pediatrics recommends that infants should sleep alone on their back, and on a firm, flat surface in their own safe sleeping area – be it a crib, bassinet, or play yard that meets a federal safety standard – 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 Infant Sleep Product rule.

Contact: Rachel Weintraub, CFA, 202-904-4953

                  Dev Gowda, KID, 630-915-6025

The post U.S. Court of Appeals for the District of Columbia Upholds CPSC Infant Sleep Product Rule appeared first on Consumer Federation of America.

“We appreciate the extensive work of Members of Congress, parents, pediatricians, and consumer organizations in reaching this important milestone of passage of Reese’s Law,” stated Rachel Weintraub, Legislative Director and General Counsel with Consumer Federation of America. “This law will direct the U.S. CPSC to promulgate a mandatory safety standard that will make products and packaging containing button and coin cell batteries more secure, preventing dangerous ingestion.”

The bill was named in honor of Reese Hamsmith, an 18-month-old child who died after ingesting a button cell battery from a remote control.  Her family pushed for the legislation – to protect other children from a similar tragedy. Her mother, Trista Hamsmith, leads the organization Reese’s Purpose which gathered widespread support for the legislation.

“Button and coin cell batteries are hidden hazards in the home,” stated Nancy Cowles, Executive Director of Kids In Danger. “Reese’s Law will now make batteries in their original packaging or in use in products, safer for all children. We commend Reese’s family for working through their grief to pass this lifesaving legislation.”

These small flat round batteries are often found in toys, remote controls, and other common electronics, and contain toxic chemicals that can lead to severe internal damage if ingested. Reese’s Law will help prevent thousands of serious injuries and deaths from battery ingestion. The legislation directs the U.S. Consumer Product Safety Commission (CPSC) to develop new safety standards to prevent accidental ingestion of button and coin cell batteries by children, including:

• Creating performance standards requiring the compartments of consumer products containing button cell or coin batteries to be secured to prevent access by young children;
• Requiring button or coin cell packaging to be child-resistant; and
• Requiring visible warning labels including directly on the product when practical, and that clearly state the hazard of ingestion and instruct consumers to keep new and used batteries out of the reach of children, and to seek immediate medical attention if a battery is ingested.

KID and CFA thank members of Congress for passing this life-saving bill, and call on President Biden to immediately sign it into law.

Contacts:
Rachel Weintraub, CFA, 202-904-4953
Nancy Cowles, KID, 312-218-5593

The post Reese’s Law Passes Senate Following House Passage Last Week appeared first on Consumer Federation of America.

The post CFA Joins KID, KBS, and CR in Comments to CPSC on Rulemaking Request for Play Yard Safety Standards appeared first on Consumer Federation of America.

At least 13 infants died between 2009 and 2021 in Fisher-Price Infant-to-Toddler Rockers and Newborn-to-Toddler Rockers, and at least one infant died in a Kids2 Bright Starts Rocker in 2009.

Fisher-Price has sold more than 17 million rockers worldwide since the 1990s and Kids2 has sold more than 1.8 million rockers since 2012. The CPSC urges parents and caregivers to never use inclined products, such as rockers, gliders, soothers, and swings, for infant sleep and should not leave infants in these products unsupervised, unrestrained, or with bedding material, due to the risk of suffocation.

Babies sleep safest on their back, and on a firm, flat surface in a crib, bassinet or play yard that meets a federal standard, with only a fitted sheet. Other products such as crib bumper pads, pillows, blankets, stuffed animals, or toys should not be in the sleep environment.

“The CPSC, Fisher-Price, and Kids2 are issuing an incredibly important warning to parents and caregivers today based on known deaths: do not use inclined products, rockers, gliders, soothers and swings for infant sleep; and do not leave babies in these products unsupervised,” stated Rachel Weintraub, legislative director and general counsel with Consumer Federation of America. “The CPSC should thoroughly investigate the deaths and injuries associated with these products and the manufacturers should do everything they can to effectively warn parents and caregivers of these hazards and prevent future incidents.”

“Companies should not market or depict infant products such as rockers, gliders, and inclined products as a way to get babies to sleep or as sleep products, since they are not safe for infant sleep,” said Dev Gowda, assistant director of Kids In Danger. “KID encourages parents and caregivers to only use inclined products for awake time and while supervised.”

Parents and caregivers should report incidents related to inclined products and other children’s products to the CPSC at SaferProducts.gov.

Contact: Rachel Weintraub, CFA, 202-904-4953

The post CPSC Warns Against Using Infant Rockers for Sleep After at Least 14 Reported Deaths appeared first on Consumer Federation of America.

The need for this law is profound: dozens of children have died in incidents involving padded crib bumper pads. Crib bumper pads increase the likelihood of suffocation or entrapment. The U.S. Consumer Product Safety Commission (CPSC) has received 113 reported fatalities involving crib bumpers from January 1, 1990, through March 31, 2019. Over 100 babies have died in infant inclined sleep products. The CPSC has recalled many versions, but older models are still in circulation. Babies sleep safest flat on their backs in a crib, bassinet, or play yard with nothing in the sleep space.

As this law now goes into effect, we remember babies like Preston, who suffocated at just eight weeks old when he rolled off of a sleep positioner and against the bumper of his crib in 2011, and Alex who died in an inclined sleep product, the now-recalled Fisher-Price Rock ‘n Play, in 2011.

“After years of perseverance and many tears, the Safe Sleep for Babies Act has finally been signed into law,” said Alex’s mother, Sara Thompson. “Hopefully, this will help lower the number of preventable infant deaths. For all of our angels and all of the grieving parents, this is a victory in their memory. I urge parents now to take the danger seriously and listen to the science.”

“The Safe Sleep for Babies Act is now an incredibly important law that will save the lives of babies,” stated Rachel Weintraub, Legislative Director and General Counsel with Consumer Federation of America. “We are deeply grateful for the tenacious advocacy of parents, pediatricians, other advocates, and the bill’s sponsors, Representative Cárdenas, Representative Schakowsky, Senator Blumenthal, Senator Duckworth, Senator Brown, and Senator Portman.”

“For decades, consumer, health and parent groups have decried the sale of these dangerous products,” stated Nancy Cowles, Executive Director of Kids In Danger (KID). “We thank the families and organizations who have worked so hard to keep children safe and look forward to the end of these deadly products on store shelves and in our nurseries.”

We thank the President for signing this bill into law. The bill requires that both products be declared banned hazardous substances under the Consumer Product Safety Act. This law makes it illegal to manufacture or sell both products 180 days after the Safe Sleep for Babies Act is enacted.

Contact: Rachel Weintraub, CFA, 202-904-4953

The post President Signs Critical Safe Sleep for Babies Act into Law appeared first on Consumer Federation of America.

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The case against both of these unsafe sleep products is strong. Dozens of children have died in incidents involving crib bumper pads, and over 100 children have died in inclined sleep product incidents. Crib bumper pads increase the likelihood of suffocation or entrapment. The U.S. Consumer Product Safety Commission (CPSC) has received 113 reported fatalities involving crib bumpers from January 1, 1990, through March 31, 2019.

In celebrating the passage of the Safe Sleep for Babies Act, we remember babies like Preston, who suffocated at just eight weeks old when he rolled off of a sleep positioner and against the bumper of his crib in 2012, and Alex who died in an inclined sleep product, the now-recalled Fisher-Price Rock ‘n Play, in 2011.

“This is a pivotal step in saving the lives of our children. I’m grateful for all the effort and time advocates have put into making this happen,” said Sara Thompson, Alex’s mother, about passage of the Safe Sleep for Babies Act. “If manufacturers aren’t willing to step up and take responsibility, it’s up to us as the consumers to make sure dangerous products like these aren’t able to be sold.”

“Laura and I are thankful that our elected officials have finally taken action to protect future generations from the corporations who make these dangerous and unnecessary products,” stated Kyle Maxwell, Preston’s father. “Nothing, not even an act of Congress, can repair the damages these products have caused to ours and countless other families but knowing that the products that took our son from us will no longer be available for purchase gives us closure.”

“Passage of the Safe Sleep for Babies Act, first by the House and now by the Senate, is incredibly important and will save the lives of babies,” stated Rachel Weintraub, Legislative Director and General Counsel with Consumer Federation of America. “We are deeply grateful for the tenacious advocacy of parents, pediatricians, other advocates, and the bill’s sponsors, Representative Cárdenas, Representative Schakowsky, Senator Blumenthal, Senator Duckworth, and Senator Portman.”

“For decades, consumer, health and parent groups have decried the sale of these dangerous products,” stated Nancy Cowles, Executive Director of Kids In Danger (KID). “We look now to President Biden to quickly sign the Act into law to get these dangerous items off store shelves.  We hope this ban will encourage anyone currently using these products to remove them from cribs and nurseries to keep children safe.”

Our organizations urge the President to sign this Act into law as soon as possible. The bill requires that both products be declared banned hazardous substances under the Consumer Product Safety Act and will be illegal to manufacture or sell 180 days after the Safe Sleep for Babies Act is enacted.

Contact: Rachel Weintraub, CFA, 202-904-4953

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