EXPLANATORY STATEMENT
Consumer Goods (Baby Bottle Self‑feeding Devices) Permanent Ban 2026
Authority
The Assistant Minister for Productivity, Competition, Charities and Treasury and Parliamentary Secretary to the Treasurer (the Minister) has imposed the Consumer Goods (Baby Bottle Self‑feeding Devices) Permanent Ban 2026 (the instrument), pursuant to section 114 of the Australian Consumer Law (the ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).
Overview
The instrument imposes a permanent ban (the ban) on baby bottle self-feeding devices (the devices), which are designed to position or prop a baby bottle, or bottle teat, such that the baby can feed from a bottle without another person holding the bottle or to otherwise allow an infant to self-feed from a bottle without adult supervision.
There are serious safety risks associated with these devices, which may cause injury or death. The use of the devices may cause injury or death because babies do not have the ability to control or stop the flow of liquid from the bottle. This means liquid can be dispensed faster than they can swallow, which may result in:
- choking due to fluid overwhelming the airway especially when the infant is in prone position, which may result in oxygen deprivation and/or death, particularly in infants without the motor skills and muscle development required to disengage from the teat;
- aspiration – an infant feeding with one of these devices may choke if the milk flow is too fast, which may cause the milk to pool at the back of their throat (near the larynx) and aspirate into the airway (respiratory tract and lungs); and
- positing (vomiting) without the ability for the baby to turn their head to the side to expel liquid, which may result in choking or aspiration due to the need to manage vomited milk and bottle contents, particularly in infants prone to reflux.
Other risks associated with use of the devices may include:
- an increased risk of suffocation if the baby’s upper airway (particularly their nose) is obstructed by the teat or bottle, or by the device itself (e.g. pillow-style devices);
- limited visibility of the infant’s face impacting the ability to see their lips, tongue, or nose turning blue in instances of early respiratory compromise; and
- facial/head injury, strangulation, ear infections and associated hearing loss, dental caries (tooth decay), risk of overfeeding, compromise of infant psychosocial and cognitive development, and incorrect latch on the bottle’s nipple leading to air swallowing, gastrointestinal discomfort and colic.
Products that position a bottle in an infant’s mouth (bottle propping) are included in the scope of the ban.
Products designed to be worn on a person’s body, that hold the bottle used for feeding a baby, are included in the scope of the ban.
Straw devices that allow an infant to feed via a straw design, where the teat is connected to the bottle via a flexible straw, are included within scope of the ban.
In each case, these products can be used without adequate adult supervision. Adult supervision is close, attentive supervision, where the adult is attentive to the child's communication (verbal and non-verbal) while feeding, vigilant for signs they have completed drinking or signs of gagging and choking, and can respond promptly.
Pursuant to subsection 4(3) of the instrument, supplemental nursing systems are not within scope of the ban. These products allow a baby to receive milk from a bottle or a bag through a thin tube taped to an adult’s chest or breast so that the end is at the nipple. This design allows the baby to receive milk from the tube while latched onto the breast, and is typically used to support breastfeeding and supplement a baby’s feeding.
Products known as ‘sippy cups’ (including trainer cups or straw cups), are not within scope of the ban. Sippy cups are more likely to be used for ‘drinking’ rather than ‘feeding’ (i.e. the sole source of nutrition for a baby). Unlike baby bottles, sippy cups usually have a spout or straw rather than a bottle teat or nipple. Sippy cups are designed to help babies (generally from around 6 months of age) learn to drink from a cup and transition from bottle feeding.
This instrument commences on the day after it is registered on the Federal Register of Legislation.
Background
Legislative Power
Subsection 114(1) of the ACL provides that the Minister may, by written notice published on the internet, impose a permanent ban on consumer goods of a particular kind, if it appears to the Minister that consumer goods of that kind will or may cause injury to any person, or a reasonably foreseeable use (including a misuse) of consumer goods of that kind will or may cause injury to any person.
Section 132 of the CCA specifies that the Minister must issue a proposed ban notice if the Minister proposes to impose a permanent ban on consumer goods of a particular kind. A proposed ban notice must invite any person who supplies or proposes to supply consumer goods of that kind to notify the Australian Competition and Consumer Commission (ACCC) that they wish for the ACCC to hold a conference in relation to the proposed imposition of the ban.
The Minister issued a proposed ban notice on 3 March 2026. The proposed ban notice was published on the ACCC’s website on 4 March 2026 and provided to known suppliers of the devices.
Suppliers and those who propose to supply the devices had 30 days after the date the proposed ban notice was published to request that the ACCC hold a conference in relation to the proposed imposition of the permanent ban. The ACCC received no requests for a conference.
The ACCC recommended the Minister exercise his power under subsection 114(1) of the ACL to impose a permanent ban on the devices. The Minister accepted the ACCC’s recommendation and proceeded to impose a permanent ban on the devices.
The CCA does not specify any further conditions that need to be satisfied before the power to make the instrument may be exercised.
Disallowance and sunsetting
By operation of subsections 44(1) and 54(1) of the Legislation Act 2003, the instrument is not subject to disallowance or sunsetting because its enabling legislation. The ACL (at Schedule 2 of the CCA), facilitates the operation of an intergovernmental scheme involving the Commonwealth and all the States and Territories (the Intergovernmental Agreement for the Australian Consumer Law), and the ACL authorises the making of the instrument for the purposes of that scheme. To make the instrument subject to disallowance or sunsetting would frustrate the importance of product bans in ensuring Australian consumers are not exposed to unsafe goods and related services, which is a key part of the ACL as an intergovernmental scheme involving the Commonwealth and the States and Territories.
Item 16 in the table at section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 also provides that the instrument is not subject to the sunsetting provisions of the Legislation Act 2003.
Consultation
Before the instrument was made, the Minister was satisfied that consultation (as set out below) was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the Legislation Act 2003.
In October 2024 the ACCC engaged an expert with clinical, teaching and research expertise in the fields of paediatric nursing and child and family health, for an opinion on whether the devices will or may cause injury to any person, or whether a reasonably foreseeable use (including a misuse) of the devices will or may cause injury to any person. The expert’s report can be found on the ACCC Product Safety website.
Following delivery of the expert report, the ACCC contacted 37 stakeholders in a targeted consultation to understand whether caregivers living with a disability or impairment may be impacted by regulation limiting supply of the devices. The ACCC received four responses. Upon careful consideration of these submissions, the ACCC concluded that the risks posed to infants by the use of these devices remain relevant in such circumstances and outweigh any potential benefits.
Prior to making its recommendation to the Minister, State and Territory fair trading agencies were invited to provide feedback on the ACCC’s proposed recommendation to recommend that the Minister imposes a permanent ban on baby bottle self-feeding devices.
Regulation Impact Assessment
The Office of Impact Analysis advised an impact analysis is not required under the Australian Government’s Policy Impact Analysis Framework.
Documents incorporated by reference
The instrument does not incorporate any documents by reference.
Compliance
Section 118 of the ACL makes it unlawful for anyone, in or for the purposes of trade or commerce, to supply, offer for supply (other than for export), manufacture, possess or have control of consumer goods of a particular kind if a permanent ban on consumer goods of that kind is in force.
Goods subject to the ban and which fail to comply may be subject to compulsory recall.
Details of the Consumer Goods (Baby Bottle Self-feeding Devices) Permanent Ban 2026
Section 1 – Name
This section provides for the instrument to be cited as the Consumer Goods (Baby Bottle Self-feeding Devices) Permanent Ban 2026
Section 2 – Commencement
This section provides that the instrument commences on the day after it is registered on the Federal Register of Legislation. The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.
Section 3 – Authority
This section provides that the instrument is made under subsection 114(1) of the ACL.
Section 4 – Permanent Ban – baby bottle self-feeding devices
This section provides that a permanent ban is imposed on baby bottle self-feeding devices. This section provides for a definition of baby self-feeding bottles and also outlines when a product is not a baby self-feeding bottle.