Bill > A3865

Introduced Session

This bill bans the sale of crib bumpers in the State by defining them as an unsafe children's product, pursuant to the consumer fraud act (CFA). The CFA provides that it is an unlawful practice for a commercial user to knowingly remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product deemed unsafe. The CFA currently provides that a product is deemed unsafe if it: (1) has been recalled for any reason by a federal agency or the product's manufacturer, distributor, or importer and the recall has not been rescinded; or (2) a federal agency has issued a warning that a specific product's intended use constitutes a safety hazard and the warning has not been rescinded. This bill provides that a crib bumper additionally would be deemed an unsafe children's product. The bill defines a crib bumper to mean any material that is intended to cover the sides of a crib to prevent injury to a crib occupant from impacts against the side of a crib or to prevent partial or complete access to openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in an opening. The definition specifically includes a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers, but does not include a non-padded mesh crib liner. An unlawful practice under the CFA is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party. Current law further provides that licensed child care centers in the State are prohibited from using or having on premises a children's product deemed unsafe in accordance with the CFA. Accordingly, this bill would ensure that crib bumpers purchased prior to its effective date would not be used in child care centers.

AI Summary

Committee Categories

Carol Murphy (D)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 05/09/2022)

Official Document