LOS ANGELES (CN) - The box for the Ergobaby infant baby carrier does not make clear to consumers that they must buy an additional sleeve insert to make the carrier safe for babies under 12 lbs., a mother claims in class action.
Lead plaintiff Jillian Circelli-Hawkins sued The Ergo Baby Carrier Inc. in Superior Court. Ergo is the only defendant.
Circelli-Hawkins claims she bought an Ergobaby carrier last year for her newborn baby from the Right Start store in Santa Monica for about $120. Nothing on the outside of box indicated she would need to make an additional purchase, she says.
"It was not until the inadequately labeled and packaged product was purchased and opened that Circelli-Hawkins discovered that the 'sleeve' insert would be necessary to be purchased in order to use the device safely for a baby weighing less than 12 lbs.," the lawsuit states. (10)
The inserts listed on the Ergobaby website cost from $25 to $38.
Four competitors of Ergobaby list weight specifications on the box, Circelli-Hawkins claims.
"Ergobaby's Baby Carrier is also the only carrier on the shelf that cannot, by itself, be used to carry an 8-lb. baby," the lawsuit adds.
Calling Ergobaby's labeling and packaging "false, deceptive and misleading," Circelli-Hawkins seeks an accounting, restitution, an injunction and damages for deceptive trade, false advertising, and California law violations.
She is represented by J. Jason Hill with Cohelan Khoury & Singer.
Ergobaby did not immediately respond to a request for comment on Friday.
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