This bulletin covers the mandatory product safety standard for baby bath aids and the need to properly label these products.

All baby bath aids must carry a prominent warning with the following words and symbols (note: not to scale):

Key requirementsThe mandatory standard requires a warning notice to:

• be permanently affixed to the baby bath aid and packaging

• be on the upper surface of the baby bath aid

• be visible to a person when a baby is in the baby bath aid

• not contain any ink, colouring or other material that may run or fade for the lifetime of the product when the baby bath aid is subjected to bathing conditions, that is the warning notice should be resistant to warm soapy water.

Product Safety Bulletin for businesses

Baby bath aidsMay 2013

www.productsafety.gov.au

HazardIn Australia, between 1997 and 2005, six infants under 13 months drowned while in a baby bath aid.

According to the Royal Life Saving Society of Australia, children under two years of age are most vulnerable to drowning or near drowning in the bath. The incidents almost always occur when the competent adult supervising the child leaves the child unattended—even if it is for less than a minute. Children can drown within seconds in very little water.

Mandatory standardThe mandatory standard came into effect on 13 May 2005 and applies to a device designed to support a baby while being bathed. Baby bath aids come in several designs, including bath seats, cradles, hammocks, recliners, supports and bath rings.

The mandatory standard aims to protect children from the possibility of drowning by providing a permanent warning alerting the parent or caregiver that a baby should never be left alone in the bath or left in the care of another child.

Common non-compliance foundThe ACCC and state and territory consumer protection agencies monitor the market for compliance with this mandatory standard.

Non-compliance with the mandatory standard found during marketplace surveillance includes:

• warnings missing or not permanently affixed to the baby bath aid

• warnings not visible while the bath aid is in use.

Achieving complianceSuppliers (including retailers, wholesalers, importers and manufacturers) are responsible for ensuring compliance with the mandatory standard.

Suppliers should consider the following factors when meeting compliance with the mandatory standard:

• the individual shape and design of the aid, curved surfaces, surface area and visible surfaces

• the position of a baby in the aid, ensuring that no part of the baby’s body will obscure the warning

• whether the warning will remain permanently affixed in warm, soapy water

• the lifespan of the bath aid and whether the warning will still be legible when the product is handed down to the next baby

• ensuring contrast of the warning against its background

• an adhesive label may not provide a permanent warning.

Suppliers should also note that any toys attached or incorporated into baby bath aids must comply with the mandatory standard for toys for children up to and including 36 months of age. For more information on this mandatory standard, visit www.productsafety.gov.au and click through the following links: Bans, standards and recalls—Mandatory standards—Toys for children up to and including 36 months of age.

Acceptable methods for providing the required warningThe ACCC recommends that warnings be developed and applied at the point of manufacture rather than post production. Considerations include:

• printing and embossing the warning directly onto the bath aid

• laminating the warning onto the bath aid which conforms to the shape of the aid

• choosing effective materials to apply the warning (e.g. durable water proof plastics, polyethylene (suitable for uneven or curved surfaces), vinyl or fabric, high level of water resistance and high quality laser printing, fade resistant inks and water resistant adhesives).

Options for testingAlthough the mandatory standard does not specify tests related to the permanency of baby bath aid warnings, test methods drawn from other standards may be suitable.

For example, the following clauses from published voluntary standards and guides, although not specifically designed for baby bath aids, may provide suitable options for testing the warning’s permanency:

• AS/NZS 1754:2000 Child restraint systems for use in motor vehicles—clause 6.2.5 Durability of marking

• AS 2313.1.4-2005 Methods of test for single sided and double sided pressure-sensitive adhesive tape—Adhesion strength after immersion

• The Australian Handbook for the Product Safety Framework—Part 3 Generic Requirement Modules (GRM) provides generic requirements at Part 3.5 for product safety warning labels and markings (HB 295.3.5-2008).

The GRM for warning labels and markings provides guidance at:

• Preface (1.3) for terminology used in the GRM (e.g. ‘permanently affixed’).

• Requirements (R1.4) for positioning/prominence/visibility and a test to determine visibility at T1.2.

• Requirements (R1.6) for durability/permanence and a test to determine same at T1.4.

• Requirements (R1.9) for the safety warning and contact with water.

Demonstrated compliance with these options may be deemed compliance with the mandatory standard.

These standards and the handbook are available from SAI Global: www.saiglobal.com

Safety claimsA further concern with baby bath aids is that they may be perceived to be safety devices, so carers may momentarily leave a child unattended in the bath or with a young sibling (e.g. to answer the phone).

This perception may be further reinforced through the marketing of aids by some suppliers with such claims as:

‘This baby bath seat can help a parent keep baby safe while having a bath by providing a secure, well supported seat to keep them in place.’

What you need to know about:Baby bath aids

Claims such as the one above undermine the message provided in the warning and may expose children to the risk of drowning. These claims may also be regarded as misleading representations under the Competition and Consumer Act 2010. Baby bath aid suppliers should not make claims or imply that bath aids are safety devices.

Mandatory standard review A review of the mandatory standard will commence in 2013. This review will include considering options to specify a warning test method. Suppliers’ experience in labelling, testing and any other aspects of the mandatory standard will be welcomed. Please register your interest via email: productsafety.regulation@accc.gov.au.

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What you need to know about:Baby bath aids

Australian Competition and Consumer Commission 23 Marcus Clarke Street, Canberra, Australian Capital Territory 2601

© Commonwealth of Australia 2013

Important notice

The information in this publication is for general guidance only. It does not constitute legal or other professional advice, and should not be relied on as a statement of the law in any jurisdiction. Because it is intended only as a general guide, it may contain generalisations. You should obtain professional advice if you have any specific concern.

The ACCC has made every reasonable effort to provide current and accurate information, but it does not make any guarantees regarding the accuracy, currency or completeness of that information.

ISBN 978 1 921973 45 1 ACCC 05/13_659

What you need to know about:Baby bath aids