Consumer Goods (Infant Products) Information Standard 2024

Information standard. The instrument is an “information standard” as defined in the Australian Consumer Law (ACL). Unlike a safety standard, which regulates product design, performance, or composition, an information standard controls the content, form, and placement of information that must be provided with consumer goods. A person must not supply goods to which a mandatory information standard applies unless the goods comply with that standard (ACL s 108). A breach attracts civil pecuniary penalties, injunctions, and consumer‑remedy orders.

Infant product. This is the umbrella term covering both (a) an infant sleep product and (b) an inclined non‑sleep product (s 5, definition of “infant product”). The definition ties the instrument to products for use by an “infant”, which is defined as a person under 12 months, or a person over 12 months who might reasonably use the product. The latter limb extends the standard to products that could be used by toddlers, such as some inclined rockers or bouncers, even if the manufacturer intends them only for newborns.

Infant sleep product. This is defined as a product that is designed, intended, marketed, supplied, or offered for supply for use as a sleeping facility for an infant or as a facility to soothe or settle an infant, and has a surface on which an infant may lay (s 5). It includes a product that is designed to convert to an infant sleep product. This captures bassinets, cradles, bedside sleepers, co‑sleepers, portable sleepers, and some convertible playpens or travel cots. The definition is broad enough to cover any product marketed as aiding infant sleep or soothing, regardless of its primary function.

Inclined non‑sleep product. This is a product that has a surface on which an infant may lay and, when used, may position the infant’s head above the horizontal, but is not supplied or offered as an infant sleep product and does not purport to be suitable for infant sleep (s 5). The “may position” language is crucial: the instrument does not require that the product actually incline an infant above 10 degrees or any specific angle; it only requires that the product may do so when used. This captures inclined bouncers, rockers, swings, loungers, and similar items that keep a baby in a semi‑reclined position. Even if the manufacturer says it is not for sleep, the standard applies because an infant might still fall asleep while in the product.

Exclusions. The instrument does not apply to (a) accessories that attach to or are used with an infant product, (b) products already regulated by another information standard, (c) products regulated by another safety standard (other than the Infant Sleep Products Safety Standard), (d) medical devices under the Therapeutic Goods Act 1989, and (e) products designed to carry an infant on the body of another person (s 4(2)). The last exclusion exempts baby carriers, slings, and harnesses from both the information standard and the warning requirements, even though some of those products might also have sleep‑related risks.

Electronic platform and retail premises. These definitions in s 5 allocate where warnings must be displayed. “Electronic platform” covers any internet‑based service enabling a business to supply goods to consumers, including websites, online marketplaces, and app‑based ordering. “Retail premises” covers physical stores where goods are displayed for retail sale.

Manufacturers and importers. Any person who manufactures infant products (whether in Australia, New Zealand, or overseas) or imports them into Australia bears the primary burden of compliance. They must ensure the product itself carries the required permanent warning (s 8), that the instruction sheet contains all prescribed content (s 6), and that the product and its packaging bear the manufacturer’s or importer’s identifying markings (s 7). For imported goods, the country of origin and the Australian importer or distributor’s name must be marked on the product (s 7(b)). This imposes tracing obligations. Manufacturers and importers also face the cost of designing and printing warning labels, assembling instruction booklets, and ensuring plastic packaging carries the suffocation warning. If a product is sold through multiple channels, the upstream supplier is ultimately responsible for the product’s compliance, and any failure flows through the supply chain.

Distributors and wholesalers. Though the instrument’s duties are on the person who “supplies” the product (which under ACL includes distribution), a distributor who does not take steps to verify compliance risks liability. The instrument does not create a due‑diligence defence; if the product lacks the required warning or online description, the distributor may be held to have supplied a non‑compliant good. This incentivises distributors to request compliance certificates from manufacturers or to audit product samples before accepting stock.

Retailers (online and physical). Retailers are directly affected by s 10, which requires them to cause the s 8 warning to appear in the product description on any electronic platform they use, and to display the warning on or near the product in a physical store. The duty applies to “a person [who] carries on a business that supplies an infant product” and uses an electronic platform or retail premises. A small retailer selling through eBay, Amazon, or a proprietary website must ensure the warning text is pasted into the description. A large department store must have hang tags, shelf talkers, or placards next to each displayed item. For online sales, the warning must be “visibly, prominently and legibly included” - not merely linked or placed in the fine print. This increases listing‑management costs and creates the risk of non‑compliance if a product listing is created by a third‑party supplier or dropshipper without proper coordination.

Businesses that use third‑party logistics or dropshipping. If a supplier uses a fulfilment service that handles packaging and labelling, the supplier must ensure that the third party applies the plastic‑packaging warning in accordance with s 9. Any failure by the logistics provider does not excuse the supplier. Similarly, if a dropshipper sends products directly from an overseas manufacturer, the Australian seller may have limited control over packaging but remains legally responsible.

Affected industries. The instrument hits the nursery‑goods, baby‑furniture, and children’s‑toys sectors. Manufacturers of inclined bouncers, baby swings, rockers, loungers, travel cots, portable sleepers, and convertible playpens are the most directly affected. By contrast, makers of baby carriers, car seats (if regulated by another safety standard), and medical devices are excluded.

Consumers. While consumers are the intended beneficiaries of the safety information, the instrument imposes no duties on them. However, the increased compliance costs may be passed through as higher retail prices. Consumers also face greater information clutter: mandatory warnings on packaging and online descriptions may reduce the prominence of other product features, and in some cases the mandated warnings may exaggerate risks (e.g., an inclined product that has been tested as safe for limited sleep may still be required to say “do not use for infant sleep”, potentially discouraging a legitimate use).

Duty to supply an instruction sheet with prescribed content (s 6). Every infant product must be supplied with written information that includes assembly instructions (if not fully assembled), folding or collapsing instructions, recommended mattress dimensions, height‑adjustment instructions, a warning about checking the product for damage, the warning required under s 8, and “all other relevant information” relating to safe use and maintenance. The phrase “all other relevant information” is open‑ended: a supplier must exercise judgment about what else is relevant, creating uncertainty. The instruction sheet must be in text; diagrams alone are insufficient, though they may complement text.

Duty to mark the product with manufacturer/importer details (s 7). The product must be “clearly and permanently marked” with either the manufacturer’s name and address (or trade mark and address) if made in Australia or New Zealand, or the country of origin and the Australian importer/distributor’s name if made elsewhere. This facilitates product tracing and recalls. “Permanently marked” likely means moulded, etched, engraved, or affixed with a label that cannot peel off during normal use. A sticker that comes off with washing is unlikely to satisfy the requirement.

Duty to affix a permanent warning on the product (s 8). The warning must be “durable and permanently affixed”. Warning labels must include the uppercase “WARNING”, a safety‑alert triangle at least 6 mm high, and four specific statements to the effect of (a) infant should sleep on a firm, flat surface, (b) place infant on back, (c) do not put objects or accessories in the sleep environment, and (d) do not place near a blind, cord, strap or similar. For inclined non‑sleep products, the warning must also include (e) do not use for infant sleep and (f) do not leave infant unsupervised. The use of “to the following effect” gives some flexibility in wording, but the core safety messages must be conveyed.

Duty to place warning on packaging (s 9). The external packaging must bear the same warning as the product, visible without opening the packaging. Plastic packaging must additionally carry a suffocation warning: “TO AVOID DANGER OF SUFFOCATION TO BABIES AND CHILDREN, DISPOSE OF PLASTIC PACKAGING IMMEDIATELY”. The plastic‑packaging warning must also appear in text, be clearly visible/legible, and be durable and permanently affixed. For thin polybags, meeting the “permanently affixed” requirement is difficult; printing directly onto the bag is typical.

Duty to display warning online and in store (s 10). If a business uses an electronic platform to offer an infant product for supply, it must cause the s 8 warning to be “visibly, prominently and legibly” included in the product’s description on that platform. If the business displays the product in retail premises, it must cause the warning to be visibly, prominently, and legibly displayed on or near the product. The instrument gives examples: a hang tag or a placard. The duty applies to “a person” who “carries on a business that supplies an infant product” - that is, the supplier, not the platform operator. However, platform operators may also have direct ACL liability for false or misleading representations (e.g., if they remove warnings from listings). The duty is continuous: each time a product is listed or displayed, the warning must be present.

Rights. The instrument does not confer private rights. A consumer cannot sue directly under the information standard for a breach; enforcement is via the regulator (Australian Competition and Consumer Commission or state fair‑trading agencies). However, a breach may constitute a contravention of the ACL, giving rise to consumer guarantees and other remedies (e.g., refund, replacement, damages for failure to provide information).

The instrument itself does not prescribe pecuniary penalties. Instead, the enforcement framework sits in the Australian Consumer Law. Section 108 of the ACL provides that a person must not supply consumer goods of a kind to which a mandatory information standard applies unless the goods comply with the standard. A contravention of s 108 is a ‘safety provision’ as defined in the ACL. For corporations, the maximum civil penalty under the ACL is the greater of $50 million, three times the benefit obtained, or 30% of adjusted turnover during the breach period (for serious contraventions). For individuals the maximum penalty is $2.5 million. Criminal penalties may also apply if the conduct was intentional or reckless (ACL s 108(2), with a fault element). In practice, the ACCC and state fair‑trading agencies investigate and issue infringement notices (on‑the‑spot fines) for minor breaches, seek enforceable undertakings, or apply to the Federal Court for pecuniary penalties.

The regulator must also consider whether a failure to provide the mandated warnings amounts to a ‘safety defect’ under Part 3‑5 of the ACL (product liability), which could expose a supplier to damages claims for death or injury without the need to prove fault. A product without adequate warnings may be found to have a safety defect, shifting the evidentiary burden. Additionally, the ACCC can issue recall orders under s 122 of the ACL if goods do not comply with an information standard and the regulator considers the goods will or may cause injury.

Personal liability for company officers. Under the ACL, a person involved in a contravention (including directors, managers, and employees who are knowingly concerned) can be personally liable, with the same penalty maxima as the corporation. This is a significant risk for executives in firms that supply non‑compliant infant products.

Ongoing offence. Each day of supply of a non‑compliant product may constitute a separate contravention. This is particularly relevant for products sold online: if a listing remains live without the required warning, each occasion on which a consumer views and purchases the product may be a new contravention.

Defences. The ACL provides limited defences, such as reasonable error, reliance on information supplied by another person, or the product having been acquired by the defendant for resale with no reasonable opportunity to inspect. However, these defences do not apply to criminal proceedings, and they are difficult to sustain where a supplier has failed to ask for compliance documentation from upstream parties.

Consumer Goods (Infant Sleep Products) Safety Standard 2024. This is the companion safety standard that applies to infant sleep products. The information standard does not replace it; where a product is an infant sleep product, both the safety standard and the information standard apply concurrently. The information standard contains a carve‑out for products regulated by any other safety standard other than the Infant Sleep Products Safety Standard (s 4(2)(c)). This means that if a product is covered by a different safety standard (e.g., the mandatory consumer goods safety standard for cots or for prams and strollers), it is excluded from the information standard altogether. Only sleep products that also fall under the dedicated sleep safety standard are subject to both. This interaction is carefully drafted to avoid double regulation while ensuring that inclined non‑sleep products (which are not caught by a safety standard) are caught by the information standard.

Therapeutic Goods Act 1989. Medical devices - including some baby monitors, portable ventilators, or therapeutic mattresses - are excluded entirely (s 4(2)(d)). This respects the dual regulatory framework of the Therapeutic Goods Administration (TGA). However, a product that is marketed as both a medical device and a consumer product (e.g., a sleep aid for infants) may fall into both regimes, and the TGA classification would prevail for the exclusion to operate.

State and territory fair‑trading legislation. The ACL is applied as a law of each state and territory by application Acts. The information standard binds all suppliers in all Australian jurisdictions. The same penalty regime applies. Local offices of fair‑trading (e.g., NSW Fair Trading, Consumer Affairs Victoria) can enforce the standard in their respective jurisdictions.

Competition and Consumer Act 2010 (Cth). The information standard is made under the ACL, which is Schedule 2 to the CCA. Part 4 of the CCA deals with restrictive trade practices (competition law). While the information standard is not a competition law, compliance costs may create barriers to entry for small firms. A new supplier must design and print warnings, adjust packaging, and monitor online listings - costs that may disproportionately affect small, independent manufacturers or importers compared to large incumbents with in‑house compliance teams.

Product liability (Part 3‑5 ACL). As noted under penalties, the absence of warnings may render a product ‘unsafe’ for the purposes of the statutory product liability regime. A supplier could be held liable for injuries even if the product’s design is otherwise safe, if the missing warning contributed to misuse.

Customs and import controls. The importation of goods that do not comply with a mandatory information standard is prohibited under s 106 of the ACL read with Part 5‑1 of the CCA. Customs may detain non‑compliant goods at the border. The product marking requirement under s 7 (country of origin and importer/distributor name) also intersects with the Competition and Consumer (Country of Origin) Information Standard 2021, which separately requires country‑of‑origin labelling for consumer goods. Suppliers must comply with both.

The Consumer Goods (Infant Products) Information Standard 2024 is a new instrument. It was made on 15 July 2024 by the Assistant Treasurer and Minister for Financial Services, Stephen Jones. There is no amendment history because the instrument has not yet been amended. It is a single, original instrument. Its commencement is deferred to 19 January 2026 - 18 months after the commencement of the Consumer Goods (Infant Sleep Products) Safety Standard 2024. This delay was presumably intended to give industry time to prepare for the new requirements, but it also creates a transitional risk: businesses may delay compliance until the last minute, then struggle with capacity constraints when the deadline hits. The instrument is not subject to disallowance as a legislative instrument under the Legislation Act 2003; it is made by a delegate (the Minister) under the ACL. Any future amendments would be made in the same manner. The instrument’s terms contain no savings or transitional provisions other than the delayed commencement.

As of the date of this analysis, there is no litigation history under this instrument. It has not yet commenced (commencement date 19 January 2026). No enforcement actions, test cases, or judicial interpretations exist. The courts have not considered the meaning of “inclined non‑sleep product” or “permanently affixed” in the context of this standard. Given that the instrument is new and untested, suppliers face genuine legal uncertainty on several points: what constitutes “to the following effect” for the warning statements; whether a label printed on a fabric seam counts as “permanently affixed”; and what an electronic platform must do if a third‑party seller does not include the warning in a product description - the duty under s 10(1) is on “a person” who carries on the business of supplying the product, but if the platform exercises control over listings, it may be deemed a supplier. A cautious approach would assume that the courts will interpret the instrument strictly, given the public‑safety purpose. The only relevant precedent from other ACL information standards is that the Federal Court has held that a failure to include mandated text in clear view amounts to a separate contravention for each supply event. Suppliers cannot rely on industry custom to avoid liability.

The “may position the infant’s head above the horizontal” test is ambiguous. Inclined non‑sleep products are defined by what the product may do when used, not what it is designed to do or what the manufacturer says. If a baby’s weight or movement causes any incline, the product could be caught. This means even a flat product that can be tilted slightly by a wriggling baby might arguably “may position the infant’s head above the horizontal” - creating uncertainty for suppliers of padded mats or floor seats.

The definition of “infant” includes persons over 12 months who “might reasonably use the product.” A product intended for a 9‑month‑old but also suitable for an 18‑month‑old (e.g., a larger inclined rocker) must comply with the standard even for the older user. The standard does not impose an upper age limit; it only requires that the product be for use by an infant. But if a toddler can use it, the safety warnings must still be present.

The plastic‑packaging warning must be “durable and permanently affixed”. For plastic wrapping that is thin and likely to be torn off immediately after purchase, affixing a permanent label is impractical. The realistic approach is to print the warning directly on the bag using a process that does not smudge or peel. However, the instrument does not specify a minimum font size or colour contrast for the plastic warning, leaving it open to enforcement discretion.

Online warnings must be “included in the infant product’s description provided on the platform.” A separate pop‑up, a link to a PDF, or the fine‑print section of a listing does not satisfy the requirement if it is not part of the description. The warning must be embedded in the text that a consumer reads when considering the purchase. For marketplaces with character limits, this may force suppliers to shorten other product copy. The instrument also does not address whether the warning must appear in every variant of a listing (e.g., different colours have separate descriptions) or on every page where the product is advertised.

The “permanently affixed” requirement for the product warning (s 8) is strict. If the warning sticker, engraving, or moulding is obscured by a component that can be removed (e.g., a fabric cover), the product likely does not comply. The warning must remain visible and durable throughout the product’s reasonable lifespan. For soft goods like fabric rockers, meeting this requirement may require sewn‑in labels or heat‑transfer prints.

The exclusion for “accessories” (s 4(2)(a)) is narrow. Only accessories that attach to or are used with an infant product are excluded. A product that is sold separately but is itself an infant product (e.g., a standalone mattress sold as a replacement for an infant sleep product) remains subject to the standard. The same applies to a loose blanket marketed as a “baby nest” that has no attachment.

The “other relevant information” requirement (s 6(2)(g)) is open‑ended. The instruction sheet must include “all other relevant information (if any) that relates to the safe use and maintenance of the product.” A supplier who omits a safety‑related detail (e.g., a warning about using the product on a soft surface) may be found non‑compliant even if they included all the specific items listed. The safest approach is to include a comprehensive manual covering foreseeable misuse.

Products that convert to an infant sleep product are caught even if not currently used as one. The definition of “infant sleep product” includes a product that “is designed to convert to an infant sleep product” (s 5). A playpen that can be folded into a bassinet, a travel cot that becomes a bed, or a rocking cradle that locks in a flat position - all are caught regardless of whether the buyer actually uses the sleep mode.

Step 1: Determine whether the product is an infant product. Classify the goods: is it an infant sleep product (designed for sleep) or an inclined non‑sleep product (designed for other use but may incline the infant’s head)? If the product is a medical device, a body‑worn carrier, or already covered by another safety standard (except the infant sleep safety standard), it is excluded. Document the rationale in a compliance memorandum.

Step 2: Design the warning label for the product (s 8). The label must include “WARNING” in upper case, a safety‑alert triangle at least 6 mm high, and the four required statements (firm flat surface, back sleeping, no objects in sleep environment, keep away from cords). For inclined non‑sleep products, add the two additional statements (not for sleep, do not leave unsupervised). Use text that is clearly visible, prominent, and legible. The label must be durable and permanently affixed - consider moulding into plastic, etching into metal, or using a high‑adhesion label that cannot peel off in normal use.

Step 3: Mark the product with manufacturer/importer details (s 7). If made in Australia or New Zealand, apply the manufacturer’s name and address or trade mark and address. If imported, apply the country of origin and the Australian importer/distributor’s name. Ensure the marking is permanent and clear.

Step 4: Prepare the instruction sheet (s 6). Draft a manual that includes all items in s 6(2): assembly instructions (if not fully assembled), folding/collapsing instructions, recommended mattress dimensions, height‑adjustment instructions, the “check regularly” warning (the exact wording from s 6(2)(e)), the product warning from s 8, and any other safety/maintenance information. Print and include a copy with each product sold. Consider also making the sheet available online as a PDF, though that does not replace the requirement to supply it with the product.

Step 5: Apply warnings to packaging (s 9). If the product is sold in external packaging, print or affix the same warning from s 8 on the external surface, visible without opening the packaging. If any plastic bags or wrapping are used, print the suffocation warning (“TO AVOID DANGER OF SUFFOCATION…”) directly on the plastic or affix a permanent label. Test the adhesion.

Step 6: Update online listings (s 10(1)). For every electronic platform where the product is listed, copy the s 8 warning into the product description - not as a footnote or separate tab, but as prominent text visible to the consumer before purchase. If the platform has character limits or formatting restrictions that make it impossible, change platforms or shorten the warning text (using “to the following effect” wording) while keeping the core messages. Review all existing listings before the commencement date (19 January 2026) and delete non‑compliant ones immediately.

Step 7: Prepare in‑store displays (s 10(2)). For physical retail, produce hang tags, swing tags, shelf talkers, or placards that display the s 8 warning. Place them on or near each displayed product. For products stacked on shelves, a single placard per product type may suffice if it is clearly associated with the products.

Step 8: Audit the supply chain. Request from manufacturers or overseas suppliers a written confirmation of compliance and a sample copy of the instruction sheet and warning label before placing orders. For dropshipped goods, the Australian supplier remains liable; consider holding a stock of correct warnings and instruction sheets to send with each order, or require the manufacturer to send a certificate of compliance with each bulk shipment.

Step 9: Establish a compliance file. Keep copies of the instruction sheets, warning label artwork, packaging proofs, and records of online listings showing the warning. Update the file whenever a product’s packaging or design changes. The file may be needed to demonstrate due diligence to regulators.

Step 10: Monitor for changes. The instrument is new and may be amended. The companion Infant Sleep Products Safety Standard may also be revised. Subscribe to ACCC updates and consider paying for a subscription to a law‑tracking service that monitors legislative instruments under the ACL.