In a recent development, two commissioners from the U.S. Consumer Product Safety Commission (CPSC) are urging the agency to investigate whether ecommerce platforms like Shein and Temu comply with U.S. safety regulations. Commissioners Peter Feldman and Douglas Dziak issued a joint statement on Tuesday, highlighting the need for a thorough investigation into these foreign-owned platforms due to concerns over unsafe infant products reportedly being sold.
At Kherkher Garcia, our team of children’s product liability lawyers have been following the recalls, concerns, injuries and deaths related to unsafe infant products. In the article below, we provide insight into the Safe Sleep for Babies Act, identify unsafe infant products, and highlight how the legal team at Kherkher Garcia can assist families affected by unsafe products.
Commissioners Concerned about Unsafe Infant Products
The commissioners’ statement referenced reports of dangerous products, such as “deadly baby and toddler items,” that are easily accessible on these platforms. While the specific products linked to infant fatalities were not identified, the statement raised concerns about platforms like Shein and Temu. An article in The Information cited “padded crib bumpers”—which were banned by Congress in 2022 for posing a suffocation risk to infants—as one example of unsafe products still being sold on discount sites.
Feldman and Dziak’s letter called on the CPSC to fulfill its duty of “protecting consumers from items that pose an unreasonable risk of injury.”
Shein and Temu Respond to Safety Concerns
In response to these concerns, both Shein and Temu emphasized their commitment to product safety and regulatory compliance. A Temu spokesperson stated that all sellers on their platform are required to comply with applicable safety laws and regulations, adding that the company would fully cooperate with any CPSC investigation. Temu also affirmed that its priorities align with those of the CPSC in ensuring consumer protection.
Shein echoed a similar sentiment, stating that customer safety is a top priority for the company. A spokesperson for Shein noted that the company has invested millions of dollars into its global compliance efforts, including $10 million in the past year alone to enhance safety practices. Earlier this year, Shein allocated an additional $50 million to ensure adherence to product safety standards and legal regulations. The company emphasized its continued support for the CPSC’s mandate, stating that its U.S. team, which includes over 1,000 employees, is committed to upholding quality and safety.
Addressing Safety Gaps with Foreign Companies
Feldman and Dziak’s call for an investigation also urged the CPSC to address potential safety gaps associated with foreign factories and vendors. They specifically expressed concerns about low-value, direct-to-consumer shipments from foreign manufacturers, which often lack a significant U.S. presence, making it difficult for the CPSC to enforce safety regulations.
The commissioners stressed the importance of examining how these types of transactions fall outside the agency’s traditional oversight and enforcement mechanisms. Additionally, they highlighted the need for the CPSC to better understand the challenges associated with enforcing safety regulations against foreign third-party sellers. They advised that if safety violations are found, the CPSC should take swift enforcement action to protect American consumers.
Feldman and Dziak concluded by urging the CPSC to clarify the responsibilities of these companies as part of its 2025 priorities. They expect that this review will help determine what additional measures are necessary to safeguard consumers in the United States.
Understanding the Safe Sleep for Babies Act and Dangerous Infant Products
The safety and well-being of infants is a critical concern for parents and caregivers. Unfortunately, some products on the market can pose serious risks to babies, leading to tragic injuries or fatalities. In response to growing concerns over the safety of certain infant products, the U.S. Congress passed the Safe Sleep for Babies Act of 2021, which aims to prevent unnecessary risks to infants during sleep by banning certain dangerous products.
What Is the Safe Sleep for Babies Act?
The Safe Sleep for Babies Act was signed into law by President Joe Biden in May 2022. This legislation targets products deemed hazardous to infants during sleep, focusing on preventing injuries and fatalities linked to certain sleep-related products. The law specifically bans the manufacturing and sale of:
- Inclined Sleepers: Products with an incline of more than 10 degrees, which have been associated with risks such as suffocation.
- Padded Crib Bumpers: Padded products used to line cribs, which have been linked to suffocation, strangulation, and entrapment hazards.
The legislation was introduced in response to numerous reports of infant fatalities linked to these products. According to the Consumer Product Safety Commission (CPSC), inclined sleepers have been associated with over 100 infant deaths, while padded crib bumpers have been linked to dozens more.
Why Inclined Sleepers and Padded Crib Bumpers Are Dangerous
Inclined sleepers and padded crib bumpers, despite their widespread use, pose significant risks to infants due to their design and structure.
Inclined Sleepers
An inclined sleeper positions babies at an angle that can cause their heads to fall forward, restricting airflow and potentially leading to suffocation. The risks increase when babies are able to roll over or shift positions during sleep. While these products were originally marketed as a solution for infants with reflux, they have been proven to be unsafe for unsupervised sleep.
The American Academy of Pediatrics (AAP) has consistently recommended that infants sleep on a flat, firm surface without any incline. The Safe Sleep for Babies Act aligns with these recommendations, removing inclined sleepers from the market and reducing the likelihood of suffocation-related accidents.
Padded Crib Bumpers
Padded crib bumpers, which are designed to cushion the sides of a crib, have long been marketed as a way to protect infants from bumping their heads or getting their limbs stuck between crib slats. However, these products can pose more risks than benefits. The padding can obstruct an infant’s airflow, leading to suffocation, or babies can become entangled in the bumpers, increasing the risk of strangulation.
In response to these risks, Congress passed the Safe Sleep for Babies Act, banning padded crib bumpers in cribs. Experts now recommend using cribs that meet current safety standards, with no added padding or soft materials that could pose a danger.
Other Dangerous Infant Products to Be Aware Of
In addition to inclined sleepers and crib bumpers, several other infant products have raised safety concerns. Some of these products, while not specifically banned under the Safe Sleep for Babies Act, are still flagged as hazardous by consumer safety advocates.
Drop-Side Cribs
Although drop-side cribs were banned in 2011, they remain a concern for parents using older or second-hand cribs. Drop-side cribs feature sides that slide down, creating a risk that the infant could become trapped and suffocate.
Infant Loungers and Nursing Pillows
Though not intended for sleep, products like infant loungers and nursing pillows can pose suffocation risks if babies are left unsupervised. The CPSC has issued warnings about these products, advising that infants should not sleep on soft surfaces, including loungers or pillows.
Sling Carriers
Sling carriers, used to hold babies close to the body, can be dangerous if not used correctly. Improper positioning can block an infant’s airflow, leading to suffocation, particularly for babies under four months old.
How Kherkher Garcia Can Help Victims Understand Their Rights
When a family suffers the loss of a child due to an unsafe infant product, the emotional and financial toll can be overwhelming. At Kherkher Garcia, we understand the gravity of these situations and are committed to helping families navigate their legal options and seek justice.
Understanding Product Liability Laws
When a dangerous product causes harm, the manufacturer, distributor, or retailer may be held accountable through product liability laws. Kherkher Garcia’s experienced attorneys can help families determine whether a product defect—such as faulty design, inadequate warnings, or manufacturing errors—contributed to their child’s injuries or death.
Investigating the Cause of Harm
Our legal team conducts thorough investigations to determine whether the product in question failed to meet safety standards or if the manufacturer was negligent in addressing known risks. We work closely with safety experts to build a strong case that demonstrates how the product was unreasonably dangerous and caused harm to your family.
Pursuing Compensation
Families who lose a child due to unsafe products are entitled to seek compensation for their losses. This can include damages for:
- Medical expenses
- Funeral costs
- Pain and suffering
- Loss of companionship
Kherkher Garcia’s legal team will fight to ensure that you receive the compensation you deserve and that those responsible for placing dangerous products on the market are held accountable.
Advocating for Safer Products
In addition to seeking justice for victims, Kherkher Garcia is committed to advocating for safer products. By holding manufacturers accountable, we aim to prevent future injuries and deaths caused by unsafe infant products. Legal action against negligent companies helps create a safer environment for all consumers by pressuring manufacturers to prioritize safety in their product designs.
Have Questions about an Unsafe Infant Product?
From inclined sleepers and padded crib bumpers to other dangerous infant products, the risks to young children are real. If your family has been affected by an unsafe product, Kherkher Garcia is here to help. Our legal team can assist you in understanding your rights, pursuing justice, and holding manufacturers accountable for the harm they cause.
Reach out to us today for a free consultation to discuss your case and learn how we can support you through this difficult time. Call 713-333-1030 to get started right away. You can also reach out to us via our online contact form.
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