Prohibits the sale of infant loungers; restricts the use of such infant loungers in certain settings; defines an infant lounger to mean a padded pillow or cushioned product, sometimes with a lower indented region, used to support or hug an infant as it lies face up, primarily intended and marketed for the support of an infant while awake.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1287REVISED 5/17/23
SPONSOR: Paulin
 
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-
particular child. In addition, a requirement is placed upon the Office
of Children and Family Services to notify childcare 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 childcare facilities. Finally, section 1
provides that violations of this section maybe 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 fail 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. This legis-
lation does not apply to nursing pillows, which are specifically
designed to support the infant's head while breastfeeding.
 
PRIOR LEGISLATIVE HISTORY:
A.8346, referred to Consumer Affairs in 2021 and advanced to a third
reading in 2022. Same as 5.8622, referred to Consumer Protection in
2022.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1287
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. PAULIN, McDONOUGH -- Multi-Sponsored by -- M. of
A. LEMONDES -- read once and referred to the Committee on Consumer
Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
sale of infant loungers and restricting the use of such infant loun-
gers in certain settings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-iii to read as follows:
3 § 399-iii. Prohibit the sale of infant loungers and restrict use of
4 such infant loungers in certain settings. 1. For the purposes of this
5 section: (a) "Infant lounger" shall mean a padded pillow or cushioned
6 product, sometimes with a lower indented region, used to support or hug
7 an infant as it lies face up, primarily intended and marketed for the
8 support of an infant while awake.
9 (b) "Distributor" shall mean any person who delivers to a person other
10 than the purchaser, for the purpose of retail sale.
11 (c) "Manufacturer" shall mean any person who makes and places into the
12 stream of commerce an infant lounger as defined by this section.
13 (d) "Retailer" shall have the same meaning as set forth in subdivision
14 eleven of section four hundred ninety-a of this chapter.
15 (e) "Secondhand dealer" shall have the same meaning as set forth in
16 subdivision six of section four hundred ninety-a of this chapter.
17 (f) "Child care facility" shall mean any child day care provider as
18 defined in section three hundred ninety of the social services law or
19 child care program as defined in article forty-seven of the New York
20 city health code as authorized by section five hundred fifty-eight of
21 the New York city charter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05329-01-3
A. 1287 2
1 (g) "Person" shall mean a natural person, firm, corporation, limited
2 liability company, association, or an employee or agent of a natural
3 person or an entity included in this definition.
4 2. No manufacturer, importer, distributor, wholesaler, retailer or
5 secondhand dealer shall sell, lease, offer for sale, or offer for lease
6 in this state any infant lounger.
7 3. (a) On or after the effective date of this section, no child care
8 facility shall use or have on the premises any infant lounger unless a
9 medical professional has determined that use of an infant lounger is
10 medically necessary for a particular child in such child care facility.
11 (b) The office of children and family services, in consultation with
12 the city of New York department of health and mental hygiene, shall
13 notify child care facilities of the provisions of this subdivision in
14 plain, non-technical language. Such notice shall be given to every child
15 care facility upon the effective date of this section or as soon as
16 practicable thereafter, and such notice shall also be given to each
17 applicant for license or registration pursuant to section three hundred
18 ninety of the social services law.
19 (c) The office of children and family services shall promulgate rules
20 and regulations to carry out the provisions of this subdivision, with
21 respect to the ban on infant loungers in child care facilities.
22 4. Whenever there shall be a violation of subdivision two of this
23 section an application may be made by the attorney general in the name
24 of the people of the state of New York to a court or justice having
25 jurisdiction by a special proceeding to issue an injunction, and upon
26 notice to the defendant of not less than five days, to enjoin and
27 restrain the continuance of such violations; and if it shall appear to
28 the satisfaction of the court or justice that the defendant has, in
29 fact, violated this section, an injunction may be issued by the court or
30 justice, enjoining and restraining any further violations, without
31 requiring proof that any person has, in fact, been injured or damaged
32 thereby. In any such proceeding, the court may make allowances to the
33 attorney general as provided in paragraph six of subdivision (a) of
34 section eighty-three hundred three of the civil practice law and rules,
35 and direct restitution. Whenever the court shall determine that a
36 violation of subdivision two of this section has occurred, the court may
37 impose a civil penalty of not more than five hundred dollars for each
38 violation. Each sale of an infant lounger in violation of this section
39 shall constitute a separate violation. In connection with any such
40 proposed application, the attorney general is authorized to take proof
41 and make a determination of the relevant facts and to issue subpoenas in
42 accordance with the civil practice law and rules.
43 5. If any provision of this section or the application thereof to any
44 person or circumstance is held unconstitutional, such invalidity shall
45 not affect other provisions or applications of this section which can be
46 given effect without the invalid provision or application, and to this
47 end the provisions of this section are severable.
48 § 2. This act shall take effect on the sixtieth day after it shall
49 have become a law.