When Fisher-Price introduced the Rock 'n Play sleeper in 2009, it became a widely used infant product. The sleeper was designed to help infants sleep longer, with a tilted sleeping angle, cushioned support and rocking motion.
Reports later linked these sleepers to infant fatalities. The Rock 'n Play recall affected nearly five million units after being connected to over 70 deaths.
Legislative changes now prohibit the manufacturing and sale of inclined sleepers in the United States. This shift reflects the evolving safety standards for infant sleep products.
- Fisher-Price's Rock 'n Play sleeper, launched in 2009, linked to over 70 infant deaths, leading to a recall of nearly 5 million units.
- The Safe Sleep for Babies Act bans inclined sleepers and crib bumpers in the U.S., reflecting a shift towards stricter infant sleep safety standards.
- CPSC study revealed that inclined sleepers increased SIDS risks due to position and design, prompting further recalls and regulations.
- If affected by inclined sleeper injuries or fatalities, legal guidance can offer potential claims against manufacturers and sellers, underscoring the importance of understanding consumer rights.
Research Confirms Hazards of Inclined Sleepers
In 2019, following recalls of the Fisher-Price Rock ‘n Play and the Kids II rocking sleeper, the Consumer Product Safety Commission (CPSC) commissioned a study on the safety of inclined infant sleepers. The CPSC is responsible for protecting the public from unreasonable risk of injury or death from consumer products.
The study found that infants in inclined sleepers sometimes rolled onto their stomachs and the padded sides could interfere with breathing, increasing the risk of sudden infant death syndrome (SIDS). Even without rolling, infants’ heads could fall forward at a steep angle, blocking the airway and creating a risk of asphyxia.
Based on these findings, the CPSC emphasized that infants should sleep on their backs on a firm, flat surface in a crib, bassinet or play yard, without blankets, pillows or other items. The agency recommended that no infant sleep products with more than a 10-degree incline be sold. Consumer Reports also concluded that all inclined sleepers should be recalled due to risk of suffocation and death. Most sleepers on the market at the time had an incline of up to 30 degrees and had been linked to multiple fatalities. Following the study and recommendations, several other manufacturers issued recalls of inclined sleepers.
From Recalls to Regulation: The Safe Sleep for Babies Act
By the time research confirmed the hazards of inclined sleepers, these products were already widespread in the market. Despite the confirmed risks, manufacturers, sellers and consumers did not remove them quickly or consistently. Many sleepers remained in use or were resold through secondary marketplaces, leaving some infants exposed to potential harm.
In response, President Joe Biden signed the Safe Sleep for Babies Act of 2021 (SSBA) into law in May 2022. The legislation bans the manufacture and sale of inclined sleepers and crib bumpers. The law defines banned inclined sleepers as products designed for infants up to one year old with a sleeping surface inclined more than 10 degrees. Crib bumpers, also prohibited due to suffocation risk, are defined as padded materials placed inside cribs to prevent infants from becoming trapped in crib openings.
CPSC Final Rules Clarify Safe Sleep Requirements
The Safe Sleep for Babies Act went into effect on Nov. 12, 2022. In 2023, the Consumer Product Safety Commission (CPSC) issued final rules, 16 CFR 1310, to clarify implementation. The rule, effective Sept. 15, 2023, defined banned inclined sleepers as products with sleeping surfaces angled more than 10 degrees, intended for infants up to 1 year old. Crib bumpers were also prohibited and defined as any material used inside a crib to prevent injury or restrict access to openings.
The SSBA banned the manufacture, sale, distribution and importation of these products in the U.S. The CPSC conducted outreach to manufacturers, importers and sellers to ensure compliance. Any infant sleep product not meeting existing CPSC sleep standards was required to be tested to confirm the sleep surface angle was 10 degrees or less and that the product met applicable safety standards for bassinets and cradles.
Safe Sleep Recommendations for Infants
Although the Safe Sleep for Babies Act (SSBA) specifically addressed inclined infant sleepers, the rule applied to other infant products that were sometimes used for sleep, even if not designed for that purpose. The CPSC advised parents to avoid letting infants sleep in strollers, car seats or swings.
- Car seats: Infants often fell asleep in rear-facing car seats, especially on long rides. While car seats protected infants in collisions, extended or unsupervised sleep increased the risk of suffocation. When the seat was inclined more than 10 degrees, the same hazards that applied to inclined sleepers existed. Parents were advised to check on infants frequently if they slept in a car seat.
- Five-point harness: Car seats included a five-point harness system, which maintained proper positioning for infants who did not have the neck or torso strength to keep their heads upright. The harness reduced, but did not eliminate the risk of blocked airflow if an infant slumped forward while asleep.
- Other products: Loungers, pillows, positioners and secondhand or recalled inclined sleepers were unsafe for infant sleep. Parents were advised not to purchase or use these products, including those found in online marketplaces.
Experts concluded that infants should not sleep for extended periods without supervision, even in harnessed car seats. The guidance reinforced that the safety rationale behind the SSBA applied broadly to any product used for infant sleep.
Understanding Your Rights and Resources
If someone had purchased an inclined infant sleeper before or after the ban was instituted, an attorney could help determine whether they had a claim against the manufacturer or seller of the product. I am sorry if anyone is reading this because their child was injured or died while using an inclined infant sleeper.
Over my career, I successfully resolved numerous child injury claims. I am licensed to practice law in Florida and North Carolina and have co-counseled claims in other states. To learn more about my practice, visit this page. To request a free consultation, visit this page.
Additional Sources:
- Why inclined baby sleepers are so dangerous
- Fisher-Price recalls Rock ‘n Play sleepers due to reports of deaths & Fisher-Price reannounces Rock ‘n Play recall
- Kids II inclined sleeper recall linked with infant deaths
- CPSC cautions consumers not to use inclined infant sleep products
- Research into baby biomechanics shows issues with inclined sleepers
- All infant inclined sleep products should be recalled, Consumer Reports says
- CPSC announces recalls of more than 165,000 inclined sleepers
- Deaths linked to Fisher-Price Rock ‘n Play after recall
- Safe Sleep for Babies Act, H.R. 3182
- Federal Register: Ban of inclined sleepers for infants
- CPSC business guidance for infant sleep products
- Is it okay for babies to sleep in car seats?
