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CPSC Votes To Regulate Baby Bath Seats

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October 17, 2003
The U.S. Consumer Product Safety Commission (CPSC) voted unanimously to propose a federal mandatory standard for baby bath seats to help prevent drownings of infants. There have been at least 104 drowning deaths and 162 non-fatal incidents involving baby bath seats from January 1983 to June 2003.

The safety standard will address the hazards of bath seats tipping over and children slipping through the leg openings and becoming entrapped. The proposed standard also will contain a new warning label.

Consumer groups said the action should have been taken much sooner. They noted that 80 drowning deaths have occurred since 1994, when the commission began studying the issue. Manufacturers said they are already introducing safer bath seats.

"We applaud the action but it should have been done years ago," said Sally Greenburg, senior product safety counsel for Consumers Union.

"We want to make the bath seat as safe as possible in order to reduce the risk of drowning," CPSC Chairman Hal Stratton said. "Of course, caregivers still need to stay within arm's reach when a child is in the bathtub to help prevent drownings."

"There is never any valid reason to leave an infant unattended in a tub," said Commissioner Mary Sheila Gall. "The proposed standard will, however, assist consumers in dealing with some of the hazards presently associated with the use of baby bath seats."

Gall had previously opposed imposing a federal standard, saying parents should take more responsibility for protecting their infants. Her earlier position led to the Senate rejecting Gall to head the commission.

The largest maker of baby bath seats, Safety 1st, said it is already selling one new product that improves stability and entrapment and will soon introduce another. The seats are bulkier and likely to cost about twice as much as older sests, normally about $12.

The Commission's vote to propose a federal standard is the second step in the three-step process to mandate a regulation. After the proposed rule is published, interested parties may submit comments for CPSC to consider. The Commission will consider these comments and other information before deciding whether to issue a final rule.

Three major hazard scenarios have been identified: tip-over of the bath seat; children becoming entrapped and submerged in the leg openings; and children climbing out of the bath seat.

The Commission proposes a stability test to prevent tip-over; a test to prevent a child from slipping through the leg openings and becoming entrapped; and a new warning label: "Children have drowned while using bath seats. ALWAYS keep baby within arm's reach. This bathing aid is NOT a safety device. Stop using when a child is able to pull up to a standing position."

The proposed standard will be published in the Federal Register soon for public comment.

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