Three Recall Cases and CPSC Guidelines
Recently there were three seller on Temu encountersed CPSC recall and their products cover crib bumpers and JUVENNO KIDS pajama. Here below is a brief discussion about each recall.
Crib Bumpers Recall
On May 30, 2024, the U.S. Consumer Product Safety Commission (CPSC) announced the recall of crib bumpers sold on Temu by Chinese sellers Henan Ouchang Trading and Xinxiang Junshun Trading. The recall number is 24-246. The CPSC stated that theInfants can suffocate if they roll or move on the crib bumper in a position that obstructs breathing. Padded crib bumpers are banned under federal law.
On November 07, 2024, Baofali 4-in-1 Microfiber Crib Safety Bumpers was recalled because the crib bumpers violate the federal crib bumper ban, posing a suffocation hazard to infants. Padded crib bumpers are banned by the federal Safe Sleep for Babies Act.
The CPSC urges consumers to immediately stop using the recalled bumpers and to contact Baofali for a full refund. Consumers should take a photo of the bumper cut in half as proof of destruction and then dispose of the product according to local and state regulations.
This recall follows three other children's sleepwear recalls issued by the CPSC on the same day in July, also involving products sold on Temu.
CPSC’s Guidelines on Crib Bumpers
The CPSC has implemented a mandatory safety standard for infant sleep products, defined as products intended for infants up to 5 months old that are not already covered by existing regulations for bassinets, cradles, cribs, play yards, or bedside sleepers. These products must adhere to 16 C.F.R. part 1236, which incorporates ASTM F3118 with modifications, and mandates a maximum sleep surface angle of 10 degrees. Manufacturers and importers must certify compliance through a Children’s Product Certificate and provide required labeling information, including contact details, model information, and manufacturing date.
Key Points
Infant sleep products are defined as those marketed for infants up to 5 months old, excluding products already regulated under existing standards for bassinets, cribs, play yards, and bedside sleepers.
Examples of infant sleep products include in-bed sleepers, baby boxes, and travel bassinets.
These products must comply with 16 C.F.R. part 1236, which references ASTM F3118 with modifications.
The sleep surface angle of infant sleep products cannot exceed 10 degrees.
Mandatory labeling must include the manufacturer/importer name, contact information, model information, and date of manufacture.
A Children's Product Certificate (CPC) is required for all infant sleep products, citing "16 CFR part 1236 – Infant sleep products".
Product registration forms are mandatory to facilitate consumer contact for recalls or safety information.
What can you do to avoid such incidents?
(1) Fathom out the details of the guidelines and its practices before ordering;
(2) Make sure your manufacturers know where the products will be sold;
(3) Negotiate payment terms or return terms;
(4) Make sure costs of delivery under such a circumstance is covered;
(5) Be assured that the jurisdiction clause will not get in the way.
(6) If any of this too difficult, get a legal expert!
