CHICAGO (CN) – Companies are pushing “baby sleep positioners” by claiming they prevent crib death, but there is no basis for those claims, and their trade association blew off federal regulators’ warnings that the products actually can cause crib death, a class action claims in Cook County Chancery Court. The class wants eight companies “to inform the public to stop using these dangerous products.”
Lead plaintiff Xochitl Caldera sued Learning Curve Brands dba The First Years Company, Summer Infant, Kid Brands dba Sassy, Dex Products, Kiwi Holdings dba Basic Comfort, Prince Lionheart, Baby Delight and Munchkin.
The class claims the companies push their products to prevent infant crib deaths, which is the only reason one would buy a baby sleep positioner.
But “in fact defendants do not possess, and have not possessed, competent scientific proof that these products are effective to prevent crib deaths,” the complaint states. “Defendants’ baby sleep positioners are not safe in that they can cause and pose a serious threat of crib suffocation. As such, not only must defendants be enjoined from further sales of these products, but they must also be required to take all necessary steps to inform the public to stop using these products.
“In this vein, on Sept. 29, 2010, the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) issued a warning to consumers to stop using, among others, defendants’ baby sleep positioners because they posed a risk of suffocation to babies.
“In response, the Juvenile Products Manufacturers Association, the trade association that represents the manufacturers of these products, including defendants, said that its members will continue to produce and sell these products. Defendants Kid Brands and Baby Delight have stated on their websites that they have stopped selling these products. The other defendants have not. Moreover, all defendants have not yet taken all necessary actions to inform the public to stop using these dangerous products,” according to the complaint.
The class seeks costs and damages for consumer fraud. Lead counsel is Stewart Weltman with Futterman Howard Ashley Watkins & Weltman.
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