Despite Federal Ban, Crib Bumpers are Still on the Market

The safety of infants is paramount in any parent’s mind, and choosing the right crib for your baby is a critical decision. While many aspects of crib safety have improved over the years, one particular accessory, the crib bumper, has come under scrutiny and has ultimately been banned in some places.

Despite a federal ban on crib bumpers in the United States, there are still bumpers available, which continues to put infants at risk. In March, 2023, the Consumer Product Safety Commission (CPSC) announced a recall of Meiling Hou crib bumpers after it was discovered that the products were being sold and/or shipped to the U.S.

In the article below, the children’s product liability lawyers at Kherkher Garcia delve into the dangers of crib bumpers and explore why they were banned in certain jurisdictions.

Crib Bumper Recall Information

Products that have been banned in the U.S. should not generally be sold and/or shipped here. Unfortunately, that is exactly what the CPSC discovered was happening with Meiling Hou crib bumpers. According to the recall notice, around 125 units were sold in the U.S. in 2022 and 2023. Due to crib bumpers being a hazard to infants, the CPSC issued a recall for products including the NO1 and the NO2 models.

Meiling Hou crib bumpers were sold primarily online at websites including aliexpress.com and temu.com. Consumers who have the bumpers should stop using the products immediately. Meiling Hou is requesting that parents cut the tie strings and send the manufacturer a photo of the destroyed product. They are also offering a refund of purchase price.

The Purpose of Crib Bumpers

Crib bumpers, also known as crib liners or crib pads, are soft, plushy materials designed to line the interior of a crib. Traditionally, the idea of their use is providing benefits, such as:

• Protection: Crib bumpers were believed to protect infants from hitting their heads or getting limbs stuck between the crib slats.
• Enhanced Aesthetics: Some parents used crib bumpers to enhance the crib’s visual appeal and create a cozy, decorative environment for their baby.
• Temperature Control: In some cases, crib bumpers were used to regulate the baby’s temperature, preventing drafts and maintaining a warm sleeping environment.

However, as our understanding of infant safety has evolved, so too has our perception of crib bumpers and their potential dangers.

The Dangers of Crib Bumpers

Over the years, numerous studies and incidents have shed light on the significant dangers posed by crib bumpers and similar products. These dangers include:

• Suffocation Hazard: One of the most pressing concerns is the risk of suffocation. Infants lack the motor skills and strength to reposition themselves if they become trapped against a crib bumper. This can lead to suffocation, which is a leading cause of infant mortality.
• Strangulation Risk: The ties or fasteners used to secure crib bumpers to the crib’s slats can pose a strangulation risk. Babies may entangle themselves in these ties, leading to serious injury or death.
• Overheating: Crib bumpers can interfere with proper airflow in the crib, leading to overheating. Overheating increases the risk of Sudden Infant Death Syndrome (SIDS).
• Increased Risk of Falls: As infants start to become more mobile, crib bumpers can be used as stepping stones for climbing out of the crib, increasing the risk of falls.
• False Sense of Security: Crib bumpers can give parents a false sense of security. They may believe their baby is protected from injury when, in reality, the bumpers pose more significant risks.

The Ban on Crib Bumpers

In response to these mounting concerns, several jurisdictions have implemented bans on crib bumpers. These bans have been supported by pediatricians, child safety advocates, and organizations like the American Academy of Pediatrics (AAP).

• United States: In the United States, crib bumpers have been banned under the Safe Sleep for Babies Act of 2021. Additionally, the CPSC has cautioned against the use of crib bumpers and is considering further regulations.
• Canada: Health Canada has issued strong warnings against crib bumpers and advises against their use. While they are not outright banned, these warnings discourage their use due to the associated risks.
• Europe: European countries like the United Kingdom have strict regulations that prohibit the sale of traditional padded crib bumpers. Instead, they encourage the use of mesh bumpers or no bumpers at all.
• Advocacy Groups: Organizations like Kids In Danger and the Juvenile Products Manufacturers Association (JPMA) have taken steps to increase awareness about the dangers of crib bumpers and promote crib safety standards.

Alternative Solutions for Crib Safety

Parents concerned about their baby’s safety in the crib can implement alternative solutions to ensure a secure sleep environment:

• Mesh Crib Liners: Mesh crib liners are breathable and reduce the risk of suffocation and overheating while preventing limb entanglement.
• Firm Mattress: Ensure that the crib mattress is firm and fits snugly within the crib frame to prevent gaps where the baby could become trapped.
• No Loose Bedding: Avoid using loose bedding, including pillows, blankets, and stuffed animals, in the crib. These items can also pose suffocation risks.
• Supervised Tummy Time: Encourage supervised tummy time when the baby is awake and alert to promote healthy development and reduce the risk of SIDS.
• Regular Check-Ups: Regularly inspect the crib for any potential hazards, such as loose screws or damaged parts.

Safety Tips for Infant Sleep

The AAP and the CPSC both recommend that parents never use crib bumpers. In fact, they recommend that cribs be quite bare. Here are some safe sleep tips for babies:

• Place your baby on their back on a firm mattress in a crib with no loose bedding, pillows, or bumpers.
• Use a fitted sheet that is snugly tucked in at the bottom and sides of the crib.
• Dress your baby in a onesie or sleep sack.
• Make sure your baby’s crib is in a safe location away from windows, cords, and other hazards.

What to Do after a Crib Bumper Injury

If your infant has suffered an injury related to a crib bumper, it is essential to take immediate steps to ensure their safety, wellbeing, and your family’s rights as consumers. Here are some things we recommend consumers do after a crib bumper-related infant injury:

Seek Medical Attention

If the injury is life-threatening, call 911 or get to your nearest hospital as soon as possible. If the injury is not life-threatening but requires medical attention, take your child to the nearest healthcare facility or pediatrician for a thorough evaluation and treatment. Be sure to explain the circumstances of the injury and any suspected crib bumper involvement.

Document the Injury

Take clear photos of your infant’s injuries and the environment where the injury occurred. These photos can serve as essential documentation for any potential legal or insurance claims.

Preserve the Crib and Bumper

Keep the crib and crib bumper as they are after the incident. Do not remove or alter them, as they may serve as evidence if you decide to pursue legal action or report the incident to regulatory authorities.

Report the Incident

If you believe the crib bumper was a contributing factor to the injury or poses a safety risk, consider reporting the incident to the CPSC. The CPSC can investigate the incident and product and take appropriate actions to prevent future incidents.

Contact the Manufacturer or Retailer

Reach out to the manufacturer or retailer that sold the crib bumper to inform them of the incident. This may prompt them to take action, such as issuing recalls or improving product safety.

Follow Medical Advice and Treatment Plans

Comply with your child’s medical treatment plan and follow-up care as your healthcare provider recommends. Document all medical expenses and keep receipts for potential reimbursement or legal claims.

Consult with Legal Professionals

If your child’s injury was severe, or if you suspect negligence on the part of the crib bumper manufacturer or seller, consult with a lawyer who has experience managing product liability cases. A skilled lawyer can help you understand your legal options, gather evidence, and guide you through the legal process if you decide to pursue a claim.

Get Help after a Crib Bumper Injury

If you have a Meiling Hou crib bumper or other similar hazardous products, stop using them immediately. Next, it is advisable to contact a children’s product liability lawyer to discuss your rights and possible options for legal action. Product liability laws allow consumers to file lawsuits against manufacturers or distributors who allow dangerous or defective products to harm them.

If you believe that your child’s injuries are the result of a dangerous or defective product, contact Kherkher Garcia as soon as possible. Our product liability lawyers specialize in products manufactured for children, including furniture and accessories. We help consumers understand their rights and pursue justice when these products cause injuries.

Get help from a skilled product liability lawyer by calling us at 713-333-1030, or complete the contact form on our website.

Images from the CPSC