Letter to Stakeholders: Proposal for Legislative Action on Infant Bath Seats and Bath Rings

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07-111954-320

Mechanical and Electrical Hazards Division
Consumer Product Safety Bureau
Ottawa, Canada

May 25, 2007

Subject: Proposal for Legislative Action on Infant Bath Seats and Bath Rings

Dear Stakeholder:

A risk of drowning exists for infants who are placed in infant bath seats or bath rings while bathing. In Canada, since 1983, there have been at least 12 infant drownings and 25 near-miss drownings associated with the use of these products. Currently, there are no legislated safety requirements for infant bath seats and bath rings in Canada.

The purpose of this letter is to provide you with safety information concerning infant bath seats and bath rings, and to solicit your input regarding Health Canada's proposal to implement legally binding controls on the advertising, sale and importation of these products in Canada.

Product Description

Infant bath seats and bath rings are bathing aids that are designed to support an infant in a seated position while in the bathtub. The products are intended to be used with infants who are able to sit up unassisted, but who cannot yet pull themselves up to a standing position. The expected infant age range for use of the products is approximately five to ten months. Although available in different designs, most infant bath seats consist of a rigid ring set on a hard plastic base by means of several posts. On the underside of the base there are suction cups. These are intended to secure the bath seat to the bottom of the bathtub. Bath rings use a similar suction cup design, however, they do not have the plastic base - the suction cups are located at the ends of the posts. Some infant bath seat models utilize an arm to attach the bath seat to the side of the tub in lieu of the suction cups. Infant bath seats and bath rings are available for purchase in Canada at most retail stores that sell infant care products.

Drowning Hazard

Unintentional infant bath tub drownings are a sad reality in Canada, as they are in other countries. The vast majority of these incidents occur when the adult caring for the bathing infant leaves the infant alone, or with an older child, for a period of time.

Infants drown silently, quickly and even in very shallow depths of water. Once water is taken into the lungs of an infant, damage can be immediate and death can occur within seconds. Therefore, not carefully attending to a bathing infant, even for a few seconds, can lead to tragic consequences.

In reviewing the available Canadian infant bath tub drowning and near-miss drowning cases, it is clear that an infant bath seat or bath ring was often involved. However, there are also cases, for comparative ages, where no bath seat or bath ring was associated with the incident. From 1990 through 2005 and for infants aged 5 to 11 months, Health Canada is aware of at least 3 bath tub drownings, and at least 34 near-miss drownings, where there was no bath seat or bath ring associated with the incident. For 76% of these cases, it was reported that no adult caregiver was attending to the infant at the time of the incident.

In terms of the infant drownings and near-miss drownings involving bath seats and rings, Health Canada has identified 12 drownings, for infants aged 5 to ll months, in Canada since 1983. This figure includes 7 deaths since 2002. Additionally, since 1983, the department is aware of 25 near-miss drownings, for infants aged 5 to ll months, involving these products.

In most cases, drownings linked to the use of infant bath seats and bath rings occurred when:

• the product became unstable, tipped over, and the infant fell into the water;
• the infant climbed out of the product and fell into the water; or
• the infant slipped through a leg opening and became lodged under water.

While product performance deficiencies resulting in potential instability and/or entrapment have been identified for infant bath seats and bath rings, clearly the most significant factor is that for 11 of the 12 drownings, no adult caregiver was attending to the infant at the time of the incident. The infant was either left alone or with an older child for a period of time.

False Sense of Security

Infant bath seats and bath rings are not safety devices, they are merely bathing aids. Yet the inherent design of these products may impart a false sense of security to some users. Infants appear well supported and contained in the products and as a result, the use of an infant bath seat or bath ring may increase the likelihood that a caregiver will leave a bathing infant unattended for a period of time.

Most newer models of infant bath seats and bath rings display warnings such as: "prevent drowning - never leave child unattended" or "prevent drowning - always keep baby within arm's reach". Given the deaths and near-miss drownings involving infant bath seats and bath rings that continue to occur while infants are left unattended, these warning labels do not appear sufficient to dispel the false sense of security that the products impart in some caregivers.

Safety Standards and Regulations Outside Canada

A voluntary industry standard has been developed in the United States for infant bath seats. The standard is entitled: ASTM F1967 Standard Consumer Safety Specification for Infant Bath Seats. It was first published by ASTM International in 1999 and it has been amended four times since then. Health Canada is not aware of any other published performance standard for the products; however, efforts to develop or regulate safety standards for infant bath seats and rings have been made in Europe, France and Australia. Further details on these activities, and on the ASTM F1967 standard, are provided in Appendix A.

Legislative Options

Given that deaths and near-miss drownings associated with the use of infant bath seats and bath rings continue to occur in Canada, Health Canada has taken action to inform and educate the public on the drowning hazard associated with these products, and on safe infant bathing practises. This action has been in the form of two consumer warnings (one released in 2005 and the other in 2006), as well as the May 2007 release and distribution of an information bulletin entitled, Infant Bath Seats and Bath Rings.

Further to these information and education efforts, it is the intention of Health Canada to introduce legislation, under the Hazardous Products Act, regarding the advertisement, sale and importation of infant bath seats and bath rings in Canada. Presently, two legislative options are being considered.

1. Establish a total prohibition on the advertisement, sale and importation of all infant bath seats and bath rings.
2. Establish a prohibition on the advertisement, sale and importation of all infant bath seats and bath rings that do not meet the requirements of a referenced technical standard.

The proposed legislative action would not apply to infant bath seats that are classified as medical devices, and accordingly are intended to be used for medical reasons. The safety of such products is addressed by the Food and Drugs Act.

Comments

The Government of Canada is committed to providing the Canadian public and other stakeholders with the opportunity to participate in the development of legislative initiatives. You are invited to forward, to the Consumer Product Safety Bureau of Health Canada, detailed comments on the proposed options for legislative action regarding infant bath seats and bath rings, or any other suggestions. As applicable, please supply evidence to support your comments.

Please provide your comments no later than July 25, 2007. Comments and supporting evidence may be submitted by mail, e-mail or fax to the following coordinates.

Mail:
Infant Bath Seat Consultation
Mechanical & Electrical Hazards Division
Consumer Product Safety Bureau
Health Canada
123 Slater Street, 4^th floor, AL: 3504D
Ottawa, Ontario
K1A 0K9

E-mail:
M&E@hc-sc.gc.ca

Fax:
(613) 952-9138
Attention: Mechanical & Electrical Hazards Division

Stay Informed

Please refer to the Consumer Product Safety section of the Health Canada Web site to stay informed of this initiative.

http://hc-sc.gc.ca/cps-spc/index-eng.php

Additionally, you may wish to subscribe to the Consumer Product Safety electronic newsletter so that you will receive the latest news and information about Health Canada's efforts in the area of consumer product safety.

http://hc-sc.gc.ca/cps-spc/advisories-avis/_subscribe-abonnement/index-eng.php

Appendix A

Outside Canada - Safety Standards and Regulations for Infant Bath Seats and Bath Rings

A voluntary industry standard has been developed in the United States for infant bath seats. The standard is entitled: ASTM F1967 Standard Consumer Safety Specification for Infant Bath Seats. It was first published by ASTM International in 1999 and it has been amended four times since then. The standard defines test procedures and sets performance, labelling and instructional literature requirements. In particular, the standard aims to:

• address stability issues, such that the products are less likely to tip over;
• address the size and design of openings in the seat such that infants are less likely to slip through; and
• provide consumers with critical warnings and instructions to address the drowning hazard.

A new version of the standard, ASTM F1967-07a, was released in March 2007. In addition to other changes, the latest version incorporates more severe stability tests as well as stronger warning labels.

Despite the application of the ASTM standard by industry since 1999, deaths and injuries linked to the use of these products continue to occur in both Canada and the United States. While the March 2007 version of the standard appears to be a significant step forward in increasing the level of safety for infants who are placed in the products, its effectiveness has yet to be proven. Health Canada considers the earlier versions inadequate in addressing all the safety concerns associated with infant bath seats and bath rings.

Health Canada is aware of three other jurisdictions that have taken some action to develop or regulate safety standards for infant bath seats and rings, these include Europe, France and Australia.

• In 2000, the European Committee for Standardization (CEN) published a draft technical standard for infant bath seats entitled, DRAFT prEN13822 Bathseats. This standard addresses performance and labelling requirements for the products. It has not yet been published as a final standard, and it appears that the Technical Committee (CEN/TC 252) is currently inactive on the project.
• France's Association Française de Normalisation (AFNOR) published a "tentative standard" in 2006 entitled: XP S54-048 February 2006 Child use and care articles - Domestic use bathing aids for babies - Requirements and test methods. This standard addresses performance and labelling requirements for the products. The standard appears to be in a final review stage.
• In 2005, Australia published regulations for infant bath aids: Trade Practices (Consumer Product Safety Standard) (Baby Bath Aids) Regulations 2005, Select Legislative Instrument 2005 No. 83. The regulation addresses product and package warning label requirements; it does not set performance requirements for the products.