Senate Bill S3556

2025-2026 Legislative Session

Prohibits the sale of infant loungers and restricts the use of such infant loungers in certain settings

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2025	referred to consumer protection

2025-S3556 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-iii, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8622
2023-2024: S3172

2025-S3556 (ACTIVE) - Summary

Prohibits the sale of infant loungers; restricts the use of such infant loungers in certain settings; defines an infant lounger to mean a padded pillow or cushioned product, sometimes with a lower indented region, used to support or hug an infant as it lies face up, primarily intended and marketed for the support of an infant while awake.

2025-S3556 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3556

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of infant loungers and restricting the use of such infant loungers
in certain settings

 
PURPOSE OR GENERAL IDEA OF BILL:

To ban the sale of infant loungers and restrict their use in certain
settings.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section to the general business law, section
399-iii. This section includes a definitions section and establishes a
ban on sales, leases, or offers for sale or lease of infant loungers.

Section 1 also provides that on or after its effective date, no child
care facility or place of public accommodation may use or have on its

premises any infant lounger, unless a medical professional has deter-
mined that the use of infant loungers is medically necessary for a
particular child. In addition, a requirement is placed upon the Office
of Children and Family Services to notify child care facilities of the
ban on use of infant loungers. The Office of Children and Family
Services shall also establish rules and regulations to comply with the
ban on infant loungers in child care facilities. Finally, section 1
provides that violations of this section may be deemed a civil offense,
incurring a fine of not more than five hundred dollars for each
violation.

Section 2 provides the effective date.

 
JUSTIFICATION:

In September of 2021, Boppy, a major manufacturer of infant products,
announced a recall of all of its infant loungers. Infant loungers are
pillow-like products used to support an infant as it lies face up and
are intended for use while an infant is awake and supervised. Several
other manufacturers continue to sell similar products.

According to the Consumer Product Safety Commission (CPSC), at least
eight infant deaths have been linked to the use of infant loungers.
Last year, the CPSC issued a warning alerting parents to the dangers of
unsupervised use of these products. The warning stressed that infant
loungers are not a safe sleep place for babies. The safest way for
infants to sleep is on their backs--alone and on a firm surface free
from any soft bedding, blankets, pillows or toys.

Infant loungers pose a risk, because when babies are left unsupervised,
they can suffocate if they roll over and remain in a position on the
lounger which obstructs their airways, or if they roll off of the loun-
ger onto another surface, such as a bed or adult pillow. Also, since
babies are not firmly flat on their backs while on a lounger, their
heads may fall slightly forward when they fall asleep, potentially caus-
ing airway compression.

This legislation is necessary to avoid any future tragedies. Since the
risks of using infant loungers greatly outweigh any benefits, these
products should no longer be available for sale in New York.

 
PRIOR LEGISLATIVE HISTORY:

Passed Assembly, 3rd Reading Senate-2023-24.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2025-S3556 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3556
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   sale of infant loungers and restricting the use of such  infant  loun-
   gers in certain settings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-iii to read as follows:
   § 399-III.  PROHIBIT THE SALE OF INFANT LOUNGERS AND RESTRICT  USE  OF
 SUCH  INFANT  LOUNGERS  IN CERTAIN SETTINGS. 1. FOR THE PURPOSES OF THIS
 SECTION: (A) "INFANT LOUNGER" SHALL MEAN A PADDED  PILLOW  OR  CUSHIONED
 PRODUCT,  SOMETIMES WITH A LOWER INDENTED REGION, USED TO SUPPORT OR HUG
 AN INFANT AS IT LIES FACE UP, PRIMARILY INTENDED AND  MARKETED  FOR  THE
 SUPPORT OF AN INFANT WHILE AWAKE.
   (B) "DISTRIBUTOR" SHALL MEAN ANY PERSON WHO DELIVERS TO A PERSON OTHER
 THAN THE PURCHASER, FOR THE PURPOSE OF RETAIL SALE.
   (C) "MANUFACTURER" SHALL MEAN ANY PERSON WHO MAKES AND PLACES INTO THE
 STREAM OF COMMERCE AN INFANT LOUNGER AS DEFINED BY THIS SECTION.
   (D) "RETAILER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (E)  "SECONDHAND  DEALER"  SHALL HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-A OF THIS CHAPTER.
   (F) "CHILD CARE FACILITY" SHALL MEAN ANY CHILD DAY  CARE  PROVIDER  AS
 DEFINED  IN  SECTION  THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW OR
 CHILD CARE PROGRAM AS DEFINED IN ARTICLE FORTY-SEVEN  OF  THE  NEW  YORK
 CITY  HEALTH  CODE  AS AUTHORIZED BY SECTION FIVE HUNDRED FIFTY-EIGHT OF
 THE NEW YORK CITY CHARTER.
   (G) "PERSON" SHALL MEAN A NATURAL PERSON, FIRM,  CORPORATION,  LIMITED
 LIABILITY  COMPANY,  ASSOCIATION,  OR  AN EMPLOYEE OR AGENT OF A NATURAL
 PERSON OR AN ENTITY INCLUDED IN THIS DEFINITION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02079-01-5

 S. 3556                             2
 
   2. NO MANUFACTURER, IMPORTER,  DISTRIBUTOR,  WHOLESALER,  RETAILER  OR
 SECONDHAND  DEALER SHALL SELL, LEASE, OFFER FOR SALE, OR OFFER FOR LEASE
 IN THIS STATE ANY INFANT LOUNGER.
   3.  (A)  ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO CHILD CARE
 FACILITY SHALL USE OR HAVE ON THE PREMISES ANY INFANT LOUNGER  UNLESS  A
 MEDICAL  PROFESSIONAL  HAS  DETERMINED  THAT USE OF AN INFANT LOUNGER IS
 MEDICALLY NECESSARY FOR A PARTICULAR CHILD IN SUCH CHILD CARE FACILITY.
   (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  CONSULTATION  WITH
 THE  CITY  OF  NEW  YORK  DEPARTMENT OF HEALTH AND MENTAL HYGIENE, SHALL
 NOTIFY CHILD CARE FACILITIES OF THE PROVISIONS OF  THIS  SUBDIVISION  IN
 PLAIN, NON-TECHNICAL LANGUAGE. SUCH NOTICE SHALL BE GIVEN TO EVERY CHILD
 CARE  FACILITY  UPON  THE  EFFECTIVE  DATE OF THIS SECTION OR AS SOON AS
 PRACTICABLE THEREAFTER, AND SUCH NOTICE SHALL  ALSO  BE  GIVEN  TO  EACH
 APPLICANT  FOR LICENSE OR REGISTRATION PURSUANT TO SECTION THREE HUNDRED
 NINETY OF THE SOCIAL SERVICES LAW.
   (C) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE  RULES
 AND  REGULATIONS  TO  CARRY OUT THE PROVISIONS OF THIS SUBDIVISION, WITH
 RESPECT TO THE BAN ON INFANT LOUNGERS IN CHILD CARE FACILITIES.
   4. WHENEVER THERE SHALL BE A VIOLATION  OF  SUBDIVISION  TWO  OF  THIS
 SECTION  AN  APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME
 OF THE PEOPLE OF THE STATE OF NEW YORK TO  A  COURT  OR  JUSTICE  HAVING
 JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
 NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
 RESTRAIN  THE  CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
 THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
 FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR
 JUSTICE,  ENJOINING  AND  RESTRAINING  ANY  FURTHER  VIOLATIONS, WITHOUT
 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
 THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
 ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
 SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
 AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A
 VIOLATION OF SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY
 IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH
 VIOLATION. EACH SALE OF AN INFANT LOUNGER IN VIOLATION OF  THIS  SECTION
 SHALL  CONSTITUTE  A  SEPARATE  VIOLATION.  IN  CONNECTION WITH ANY SUCH
 PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   5.  IF ANY PROVISION OF THIS SECTION OR THE APPLICATION THEREOF TO ANY
 PERSON OR CIRCUMSTANCE IS HELD UNCONSTITUTIONAL, SUCH  INVALIDITY  SHALL
 NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH CAN BE
 GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
 END THE PROVISIONS OF THIS SECTION ARE SEVERABLE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3556

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

Actions

2025-S3556 (ACTIVE) - Details

2025-S3556 (ACTIVE) - Summary

2025-S3556 (ACTIVE) - Sponsor Memo

2025-S3556 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2025-S3556

Senate Bill S3556

Share this bill

Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Consumer Protection Committee

Actions

2025-S3556 (ACTIVE) - Details

2025-S3556 (ACTIVE) - Summary

2025-S3556 (ACTIVE) - Sponsor Memo

2025-S3556 (ACTIVE) - Bill Text download pdf

Comments