Legislation to Ban Fatal Baby Mattress Moves to Governor’s Desk

TRENTON, NJ – July 18, 2017 – The State Senate has voted to approve legislation that would ban the sale of supplemental baby mattresses for soft-sided play yards – a known suffocation hazard.

The bill (A1139/S2616) is now before Gov. Chris Christie, who must act on the legislation in the upcoming weeks. The proposed ban has generated widespread support among national and statewide safety organizations including the American Academy of Pediatrics, representing 64,000 pediatricians nationwide.

In a letter to lawmakers, the New Jersey Chapter, American Academy of Pediatrics (NJAAP), representing 1,700 pediatricians across the state, expressed serious concern regarding the suffocation hazard to infants from supplemental mattresses used in play yards with non-rigid sides.

“They are thicker than the standard mattress pads sold with play yards, creating a soft surface that can lead to suffocation,” NJAAP CEO Fran Gallagher said. “In addition, there is the real possibility of an infant suffocating in the gap between the mattress and the side of the play yard.”

Current safety standard for non-full-size baby cribs and play yards (ASTM F406-13) includes mandatory warning labels that consumers should never use supplemental mattresses.

The legislation is the brainchild of Keeping Babies Safe, a non-profit organization based in Warren that promotes safe sleep practices and products. Its president and co-founder, Joyce Davis, lost her four-month-old son, Garret, 17 years ago, when he was suffocated and killed on a supplemental mattress.

“It was a mattress that was advertised as suitable and safe; we thought we were just making our baby more comfortable,” Davis said. “That terrible day changed my life. It was the reason I founded `Keeping Babies Safe,’ to ensure that other families won’t face the same tragedy.”

To move the legislation through Trenton, Davis has worked closely with bill sponsors State Sen. Teresa Ruiz and Assemblyman Jamel Holley, as well as a bi-partisan group of legislative co-sponsors. There has been tremendous logistical support from lobbyist Dale Florio and his team at Princeton Public Affairs, who took on the cause after reading about Davis’ plight in The Star-Ledger.

The bill has moved through the Assembly and Senate, without one “nay” vote in committee or on the floor. If adopted, retailers caught selling supplemental mattresses would be fined up to $10,000 for a first offense and up to $20,000 for any subsequent offense. Additionally, there could be punitive damages and the awarding of treble damages and costs to the injured party.

The U.S. Consumer Products Safety Commission (CPSC), which safeguards Americans from deadly products, has also made it clear that a supplemental mattress should never be used in a soft-sided play yard.

According to CPSC data from 2000 to 2013, at least 15 children died while sleeping on supplemental mattresses. These deaths involved a child being wedged between gaps created when the supplemental mattress was added to the play yard or portable crib.

“We are encouraged to see how our advocacy has made significant progress among companies, including Toys R Us, Target, Sears, Kmart, Wayfair and buy buy Baby, all of which have vowed not to sell supplemental mattresses in their stores or online,” Davis said.

The governor must recognize the mandatory hazard labels required on all play yards disclosing the suffocation risks of using supplemental mattresses for soft-sided play yards. Parents are warned not to use this mattress, and are instructed to only use the original mattress pad contained in the play yard package.

But this risk is not readily apparent when shopping for products separately or together, prompting many young families to innocently buy products that have consistently proven fatal.

“On behalf of young parents throughout New Jersey, we pray the governor signs this legislation in the coming days,” Davis said. “It will ensure no companies in the state are permitted to sell such dangerous products. No other mother should have to suffer the way I have, as there is a clear and obvious way to prevent further tragedy.”

Media Contact: Jonathan Jaffe

(908) 789-0700