Group asks court to strike down what it calls an “illegal” CPSC rule regulating infant support cushions
The group argues the agency used a shortcut reserved only for “durable goods,” which it said doesn’t apply
At stake is the safety of thousands of infants and the future of the Snuggle Me Infant Lounger and similar products
The U.S. Consumer Product Safety Commission routinely passes new rules to protect consumers from various safety risks, a process that sometimes doesn't go over well with the manufacturers of those products.
Such is the fate of a rule enacted on May 5 to protect infants from suffocating. The commission took the action after it found that "infant support cushions" had contributed to unsafe sleep conditions, leading to 17 known deaths in 2020 and at least 17 more deaths in 2021.
"Today marks momentous progress in CPSC’s efforts to keep sleeping babies alive," said CPSC Commissioner Richard Trumka after the commission enacted the rule.
The new safety standard, said Trumka, would "make the world safer for a lot of babies."
Taking issue with the rule is The New Civil Liberties Alliance (NCLA), which is urging the U.S. Court of Appeals for the D.C. Circuit to vacate the new safety rule, claiming the CPSC overstepped its authority and used an improper process to enforce the regulation.
Trumka and two other commissioners, Mary Boyle and Alexander Hoehn-Saric, were ousted from their positions by Trump Administration officials earlier in May and have contested their dismissal on the grounds that the action was illegal. A judge last week denied their motion that they be returned to their positions while the case is litigated.
🧸 Infant Loungers in Legal Limbo: CPSC vs. Snuggle Me Rule
1. ⚖️ The Legal Battle
Challenger: New Civil Liberties Alliance (NCLA)
Target: U.S. Consumer Product Safety Commission (CPSC)
Issue: Fast-tracked safety rule regulating “infant support cushions”
Core Argument: Rule was illegally applied using a shortcut meant only for durable goods
2. 🧑⚖️ Case at a Glance
Case Name:Heroes Technology (Snuggle Me Organic) v. CPSC
Filed In: U.S. Court of Appeals, D.C. Circuit
Key Product Affected:Snuggle Me Infant Lounger“CPSC chose a regulatory shortcut that ignores the limits of the agency’s power.”
— Kara Rollins, NCLA3. 📉 Impact on Industry
🔒 Production Halted for Snuggle Me Infant Lounger
💸 Economic Blow to small manufacturers
📦 Thousands of similar products potentially affected
4. 🛑 Why the Rule Was Made
🗓️ Effective Date: May 5
📈 Deaths Linked to Cushions:
2020: 17 infants
2021: 17+ more
“This closes one of the largest remaining product safety gaps.”
— Commissioner Richard Trumka5. 🛏️ CPSC’s Justification
New Product Category Created: “Infant Support Cushions”
Goal: Prevent unsafe sleep conditions
Larger Strategy: Align with other new rules on nursing pillows & sleep products
Estimated Annual Infant Sleep Deaths: 3,600+6. 🔍 The Debate Over ‘Durability’
CPSC Says NCLA Says Loungers are part of sleep safety rules Loungers are not "durable" items Rule protects infants quickly Rule bypassed legal process Needed to close safety loopholes Rule is “arbitrary and capricious” 7. ⏳ What’s Next?
Judge denied request to reinstate ousted commissioners (Trumka, Boyle, Hoehn-Saric)
Court to decide whether to vacate the safety rule
Broader implications for how federal agencies regulate children’s products
Procedural matters at issue
The case, Heroes Technology (US) LLC d/b/a Snuggle Me Organic v. CPSC, centers around a CPSC rule that created a new product category—“infant support cushions”—and imposed mandatory safety standards on items like the Snuggle Me Infant Lounger, a cushion used to cradle infants when they are awake.
NCLA argues that CPSC misclassified these textile-based products as durable goods, such as cribs or strollers, in order to fast-track regulation through an expedited rulemaking process. It argues that the shortcut is only permitted for traditional durable infant or toddler products, not for soft fabric items like loungers, the group contends.
“CPSC chose a regulatory shortcut that not only ignores the limits of the agency’s power but also used less rigorous methods than required,” said Kara Rollins, litigation counsel at NCLA. “When it comes to infant safety, the Commission should be focused on the best rules, not the fastest process.”
As a result of the rule, Heroes Technology had to halt production of its top-selling lounger, impacting its business and potentially thousands of similar products from other small companies, NCLA alleges.
Trumka said at the time the new rule was enacted that it was part of a package of regulations aimed at protecting infants.
"This is a major piece of the safe infant sleep puzzle, because when combined with CPSC’s recently effective rule to make nursing pillows safer CPSC’s broad infant sleep products rule this closes one of the largest remaining product safety gaps contributing to unsafe sleep," he said in a prepared statement.
"This will put a stop to companies avoiding safety standards by calling their baby pillows by different names…we now cover the field for any such products," he said. "Over 3,600 infants die in their sleep each year, many tied to unsafe sleep environments."
The NCLA claims the agency rushed the process, failed to address concerns raised by producers, and did not properly justify its actions—making the rule “arbitrary and capricious” under the Administrative Procedure Act, which requires federal regulations to be both reasonable and clearly explained.
“CPSC’s failure to maintain a consistent, textual definition of ‘durable’ threatens parents’ access to useful products,” said John Vecchione, senior litigation counsel at NCLA. “The alternatives parents will turn to in the absence of those products are unknown and unaddressed.”