New York would require warnings on infant head support products

Manufacturers would need to put a warning on covered products and their retail packaging. This covers products designed, marketed, or intended to support or position the head of a child under 12 months. It excludes certain prescribed medical devices, compliant parts supplied by a child restraint’s original maker, and infant sleep products covered by a federal safety standard. The warning must say prolonged use may flatten, mold, or deform an infant’s skull, and advise limiting time against the product and repositioning the baby often. It must be permanently attached to the device, printed on the package’s main display panel, and use type at least 12 points in size. The measure would take effect 180 days after it becomes law.

The state health department would create a model warning label. The label concerns positional skull deformity, meaning flattening, molding, or asymmetry caused by prolonged pressure on an infant’s skull. The model label may include a link to a website the department may create. The website may give parents information about skull shape and the developmental, emotional, and cranial benefits of carrying an infant. The measure would take effect 180 days after it becomes law.

The Attorney General could ask a court to stop violations, and a court could impose civil penalties. Enforcement applies to violations of the proposed labeling section. A court may issue an injunction after at least five days’ notice to the defendant and a finding that the defendant violated the section. A court may impose up to $250 per violation for a first offense and up to $500 per violation for each later offense. These remedies and penalties are in addition to other remedies or penalties under law. The measure would take effect 180 days after it becomes law.