On 18 July 2024, the Australian Government introduced two new mandatory standards for infant sleep products under the Australian Consumer Law: the Consumer Goods (Infant Sleep Products) Safety Standard 2024 (Safety Standard) and the Consumer Goods (Infant Products) Information Standard 2024 (Information Standard). Following an 18-month transition period, these standards will become enforceable from 19 January 2026.

This article outlines the legal implications of these changes, the rationale behind them, and what suppliers of infant sleep products must do to ensure compliance.

The Australian Competition and Consumer Commission (ACCC), being responsible for product safety and product safety recalls, decided to implement these standards based on longstanding concerns about the product safety of infant sleep products. Between 2001 and 2022, multiple infant deaths in Australia were linked to inclined sleep products, such as rockers and bouncers, which were found to pose significant suffocation and entrapment risks.

The ACCC’s consultation process revealed that many parents and carers were unaware of these hazards. The new standards aim to eliminate ambiguity by clearly defining what constitutes an infant sleep product and setting enforceable safety and information requirements.

The new standards, known as Infant Sleep Products Mandatory Standards, are operative and enforceable at law and can be found at:

• https://www.legislation.gov.au/F2024L00891/asmade/text ; and

• https://www.legislation.gov.au/F2024L00892/asmade/text

As with any product safety standard, these apply to manufacturers and suppliers of the relevant product.

The new standards apply to all infant sleep products, including bassinets, cradles, co-sleepers, inclined sleepers, household cots and portable folding cots. For manufacturers and suppliers, key standards include:

• a maximum incline of seven degrees (vertical and horizontal) for sleep surfaces;

• a requirement that sleep surfaces be flat, not curved;

• prohibition of features that pose risks of entanglement, entrapment, strangulation or suffocation, such as straps, harnesses, cords or ribbons, and small parts (less than the prescribed size);

• mandatory design, construction and performance testing to ensure structural integrity, rigidity and hazard mitigation; and

• if wheels are fitted, at least two must have brakes.

The information standard identifies what information must be provided to consumers. This includes:

• warnings on the product itself and on packaging (or plastic wrapping);

• instructions (e.g. how to assemble, how to fold, parts lists);

• clauses about marking the name (or trademark) and address of the manufacturer (if in Australia/NZ) or importer/distributor and country of origin (if made elsewhere) on the product;

• required safety warnings in specific wording (e.g. “WARNING: infant should be placed to sleep on a firm, flat surface” etc.);

• if there is plastic packaging or wrapping, a warning on the packaging (to reduce suffocation risk); and

• for online and electronic sale requirements, the warnings must also be provided on the platform listing.

The safety standard focuses on the physical product itself, including its design, construction, performance and testing, to mitigate risks such as suffocation, entrapment and bone fractures, etc.

It mandates the following:

• structural and mechanical safety requirements (e.g. strength, gaps and stability);

• performance criteria and testing methods; and

• requirements tailored for different classes (e.g. folding cots, household cots and bassinets).

In effect, the safety standard is not about what gets printed (that’s for the Information Standard) but about how safe the product must be in use.

This standard applies to both sleep and inclined non-sleep products (e.g. bouncers and swings) that an infant may fall asleep in. It mandates:

• clear warning labels and safety instructions; and

• disclosure of risks associated with improper use or product design.

Businesses have until 19 January 2026 to comply with the new standards.

Manufacturers, importers, distributors and retailers must:

• Conduct product audits to determine if their offerings fall within the scope of the new standards.

• Update:

  • information to be provided with the product;

  • markings on the product;

  • warnings on the product;

  • warnings on the product packaging; and

  • warnings to be displayed online or in store.

• Implement compliance systems and consider independent testing to verify adherence.

• Train staff and update internal policies to reflect the new legal landscape.

Supplying non-compliant products after the transition period will constitute a breach of the Australian Consumer Law, exposing businesses to civil penalties, product recalls, reputational damage and possibly even criminal charges (Australian Consumer Law section 106).

The maximum fine for individuals is up to $2,500,000 (Australian Consumer Law section 224(3)). For a body corporate, the maximum fine is the greater of:

• $50,000,000;
• if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the act or omission, three times the value of that benefit; or
• if the court cannot determine the value of that benefit, 30% of the body corporate's adjusted turnover during the breach turnover period for the act or omission. (Australian Consumer Law section 224(3A)).

In our view, not matching clear standards (such as the incline angle) means it will not be difficult for the ACCC to enforce a breach. Further, due to the nature of the potential injuries (and even death) for infants, an especially vulnerable group, the outsized risk of non-compliance should spur suppliers into immediate compliance.

Given the seriousness of the issue, suppliers must act now to review their product lines and compliance frameworks. The Corporate & Commercial team can assist with interpreting the standards, assessing risk exposure and implementing robust compliance strategies. This support is provided for general informational purposes only and does not constitute legal advice.