December 27, 2023
We appreciate the opportunity to comment on and support CPSC’s proposed rule regarding: “Safety Standard for Infant and Infant/Toddler Rockers”
The National Center for Health Research (NCHR) is a nonprofit think tank that conducts, analyzes, and scrutinizes research on a range of health issues, with a particular focus on the safety and effectiveness of products, treatments, and prevention strategies for patients and consumers. We do not accept funding from companies that make products that are the subject of our work, so we have no conflicts of interest.
Currently there exists no mandatory standard of safety for infant/toddler rockers. Infants are especially vulnerable to injury and death as a result of these products. We support this proposed rule, which would categorize infant/toddler rockers as “durable infant or toddler product” that must comply with product registration requirements and associated safety requirements. We agree that they are in fact a “durable product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years,” since they are comparable to other products in this category.
NCHR strongly supports the CPSC’s proposed rule, which includes incorporating the sideward and rearward stability tests, the structural integrity test; the toy bar integrity test; and the restraint system test. We also agree with the proposed requirements to address several factors that the ASTM F3084 standard does not adequately address, or fails to address.
Based on the available information, including fatalities reported in instances when infants were sleeping in the rockers, we agree that the CPSC needs to strongly discourage the use of rockers as a sleep product, even for short naps. We agree with the CPSC example of a warning label, which emphasizes that rockers should never be used for sleeping or napping and that they should always be used in the presence of a responsible, reliable adult.
Our responses to several questions posed by the CPSC follow:
● CPSC Should Specify a Minimum Age of 4 Months (based on full-term birth)
Parents and caregivers need a place to safely park their infants while they do other short, essential tasks. However, based on the reported fatalities and serious injuries, the risks of leaving infants under 4 months of age unattended in a rocker outweigh the potential benefits to the baby or caregivers. Babies born prematurely should be considered younger than their birthdate age. The most important milestone is whether the child can hold their head up and move their head, and pediatricians should be consulted to advise parents about whether their child can use rockers safely. However, CPSC should provide written guidelines rather than depend entirely on pediatricians’ guidance, since some families do not have easy access to pediatricians in a timely manner and since some health professionals may not be knowledgeable about the risks of rockers. A simple rule is better than none, such as recommending that parents and caregivers subtract the weeks of prematurity from the baby’s birthdate age. For example, a 20-week-old infant who was born 5 weeks early should be considered 15 weeks old (and is therefore not yet 4 months old).
● How to Discourage Use of Rockers for Sleeping
We appreciate that the CPSC has strengthened its regulation of numerous infant and toddler products to clarify that they are not to be used for sleep. Unfortunately, many still are used for sleeping infants, intentionally or unintentionally. Old habits die hard, and grandparents and other older babysitters and caregivers may assume that the kinds of products that they used for their children are safe, and many such products were saved for grandchildren or can be bought in thrift stores. Contributing to the mixed message are the promotional materials and sales pitches emphasizing that rockers are soothing and help calm fussy babies. In addition, parents want to rely on rockers for a few minutes so they can leave the room to go to the bathroom, load the washer or dryer, or prepare a meal. Unfortunately, the intended 3-5 minute task may result in a much longer absence. For that reason, CPSC warnings need to be very clear and should include a warning that in addition to not being used for infants under the age of 4 months (based on a 4-month-old that is full-term), these products are potentially very dangerous for sleeping infants of any age.
Since not all parents and caregivers will pay adequate attention to written warnings about age restrictions or not using the product for sleeping, we urge the CPSC to consider changes in the product’s appearance to encourage safe use, such as prohibiting any image that is associated with sleeping, including moons, stars, or sleeping babies or animals.
● Physical Design Characteristics to Increase Safety
While we completely agree with CPSC’s plans to clearly communicate that rockers are not safe for infants, even for brief periods, we also strongly agree with the agency’s proposed concavity and firmness requirements, which are based on research by Boise State University (BSU) aimed at safeguarding children. We encourage the CPSC to continue to consider research that helps determine how best to use product design to make these products safer while also communicating to consumers that rockers are not safe enough for sleeping or napping infants.
While we agree that an inclined surface should have an angle greater than 10 degrees, we are persuaded by research by BSU that indicates that 15 degrees or 20 degrees would be safer and would discourage use as a sleep or napping product.
Similarly, we urge that the CPSC not allow rockers to include soothing music, sounds, vibrations, or other features that could induce sleep. The compromise plan to have such noises and features on short timers is not adequate to prevent an infant from falling asleep.
● The CPSC Should Require Additional Testing and Conduct or Commission Future Studies
Although verbal warnings and changes in appearance would send the message that rockers are not intended for sleeping, additional safeguards are needed. We recommend that rockers must meet the same firmness standards as crib mattresses, since those are considered the safest place for infants to sleep.
We appreciate the CPSC requesting comments on the biomechanical differences that affect the risks of injury and death from infant and infant/toddler rockers. The BSU report is an appropriate source of evidence-based information to help the CPSC improve its proposed rule, and the agency should also conduct or support additional research, especially for preemies and infants younger than 6 months.
● Strengthening Marketing, Warning, and Labeling Requirements
Warning labels should use large font and be easy to understand, using drawings when possible to bridge language barriers, and such labels should be attached to the product with a warning not to remove it.
● Effective Date and Stockpiling
The CPSC should implement the rule as soon as possible, preferably before the proposed 6 months, and use its regulatory authority to prevent manufacturers from stockpiling non-compliant products, and sellers from offering for sale in large quantities products that fail to comply with this rule. In addition, any rockers that do not meet the new standard and were involved in a death should be recalled by the CPSC to ensure their removal from the secondhand market.