Commissioners Do Not Reach Majority on Nested Bean Decision

Commissioners did not reach a majority vote so will take no action on a Nested Bean demand to update safe sleep guidelines regarding weighted infant sleep products. The tally was 0-1-1-2 plus a recusal by Commissioner Richard Trumka, whose statements prompted the company's letter (PSL, 11/18/24). The zero reflects no commissioners voting to grant the request as made.

Chairman Alexander Hoehn-Saric voted for:

"Under 16 C.F.R. 1101.52(d), the Commission has determined that an additional 90 working days is appropriate to properly consider all facts and circumstances related to Nested Bean's November 11, 2024 request for a retraction under CPSA Section 6(b)(7). Therefore, good cause exists under 16 CFR 1101.52(d) to extend the time for action on the request from December 26, 2024 until May 6, 2025."

Commissioner Mary Boyle voted for:

"Regarding the request related to Commissioner Trumka's Statements, the Commission directs the General Counsel to send a letter to all retailers who received letters from Commissioner Trumka related to weighted infant blankets. The letter shall confirm that Commissioner Trumka's communications were not made on behalf of the Commission, do not represent official action by the Commission, and do not constitute a recall, stop sale, or any other determination by the Commission."

"Regarding the CPSC Website Statement, CPSC staff prepared the statement approximately one year ago after clearing it for public disclosure following the internal agency clearance process set forth in Directive 1450.2. Since that time, CPSC staff has continued to collect and analyze information related to weighted infant products, including participating in regular meetings of the voluntary standards group (ASTM F15.19) that convenes consumers and industry representatives to develop safety standards for wearable infant products. Taking into account this ongoing work, the Commission directs staff to review the statement in light of any relevant information, data and/or analysis developed since the statement was originally posted and to update the statement as appropriate to reflect new or additional information. Staff is directed to complete this review, including the staff 1450.2 clearance process of any changes to the website, within 45 days."

Commissioners Peter Feldman and Douglas Dziak abstained, pointing to their abstentions (PSL, 9/9/24) on a request by Dreamland Baby to retract Trumka's remarks. They worried about insufficient establishment of facts and censorship. In both cases they also suggested the companies seek judicial relief.

Dreamland since is part of a suit (PSL, 12/2/24) by the New Civil Liberties Alliance in Washington, D.C., U.S. district court. It includes focus on Trumka's solo efforts to get retailers to stop selling such weighted products.