BILL NUMBER: S3172
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
sale of infant loungers and restricting the use of such infant loungers
in certain settings
 
PURPOSE OR GENERAL IDEA OF BILL:
To ban the sale of infant loungers and restrict their use in certain
settings.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section to the general business law, section
399-iii. This section includes a definitions section and establishes a
ban on sales, leases, or offers for sale or lease of infant loungers.
Section 1 also provides that on or after its effective date, no child
care facility or place of public accommodation may use or have on its
premises any infant lounger, unless a medical professional has deter-
mined that the use of infant loungers is medically necessary for a
particular child. In addition, a requirement is placed upon the Office
of Children and Family Services to notify child care facilities of the
ban on use of infant loungers. The Office of Children and Family
Services shall also establish rules and regulations to comply with the
ban on infant loungers in child care facilities. Finally, section 1
provides that violations of this section may be deemed a civil offense,
incurring a fine of not more than five hundred dollars for each
violation.
Section 2 provides the effective date.
 
JUSTIFICATION:
In September of 2021, Boppy, a major manufacturer of infant products,
announced a recall of all of its infant loungers. Infant loungers are
pillow-like products used to support an infant as it lies face up and
are intended for use while an infant is awake and supervised. Several
other manufacturers continue to sell similar products.
According to the Consumer Product Safety Commission (CPSC), at least
eight infant deaths have been linked to the use of infant loungers.
Last year, the CPSC issued a warning alerting parents to the dangers of
unsupervised use of these products. The warning stressed that infant
loungers are not a safe sleep place for babies. The safest way for
infants to sleep is on their backs--alone and on a firm surface free
from any soft bedding, blankets, pillows or toys.
Infant loungers pose a risk, because when babies are left unsupervised,
they can suffocate if they roll over and remain in a position on the
lounger which obstructs their airways, or if they roll off of the loun-
ger onto another surface, such as a bed or adult pillow. Also, since
babies are not firmly flat on their backs while on a lounger, their
heads may fall slightly forward when they fall asleep, potentially caus-
ing airway compression.
This legislation is necessary to avoid any future tragedies. Since the
risks of using infant loungers greatly outweigh any benefits, these
products should no longer be available for sale in New York.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.