CPSC to Sue Nap Nanny® and Chill™ Infant Recliner Makers Following Five Infant Deaths

5 Infant DeathsThe U.S. Consumer Product Safety Commission (CPSC) staff just filed an administrative complaint against Baby Matters, LLC, of Berwyn, Pennsylvania, the manufacturer of the Nap Nanny® and Nap Nanny Chill™ infant recliners.

The move was made, said the Commission, in an effort to prevent any more children from suffering further harm following reports of five infant deaths. The CPSC said it is aware of four infants who died in Nap Nanny® Generation Two recliners and a fifth death involved the Chill™ model.

To date, the CPSC has received a total of over 70 additional incident reports of children nearly falling out of the Nap Nanny® and Nap Nanny Chill™ infant recliners. The staff alleges that the Nap Nanny® and Nap Nanny Chill™ infant recliners create a substantial risk of injury to the public.

The complaint alleges that the Nap Nanny®  Generation One and Two, and Chill™ model infant recliners contain defects in the design, warnings, and instructions; all of this poses a substantial risk of injury and death to infants. The Commission voted 3-0 to approve the filing of the complaint, which seeks an order requiring that Baby Matters, LLC notify the public of the defect and offer consumers a full refund.

CPSC staff filed the administrative complaint against Baby Matters, LLC after discussions with the company and its representatives failed to result in an adequate voluntary recall plan that would address the hazard posed by consumer use of the product in a crib or without the harness straps securely fastened.

In July 2010, CPSC and Baby Matters, LLC issued a joint recall news release to announce that the firm was providing an $80 coupon to Generation One owners toward the purchase of a newer model and improved instructions and warnings to consumers who owned the Generation Two model of Nap Nanny®  recliners. That release can be accessed at http://www.cpsc.gov/cpscpub/prerel/prhtml10/10309.html.

At the time of the July 2010 recall, the CPSC was aware of one death that had occurred in a Nap Nanny® recliner and 22 reports of infants hanging or falling out over the side of the Nap Nanny® even though most of those infants had been placed in the harness. Despite the improvements to the warnings and instructions, the complaint alleges that additional deaths using Nap Nanny® recliners have been reported, which included one instance involving a Chill™ model.

The Nap Nanny® is a portable infant recliner designed for sleeping, resting and playing. The recliner includes a shaped foam base with an inclined indentation for the baby to sit, as well as a fitted fabric cover with a three-point harness. Five thousand Nap Nanny® Generation One and 50,000 Generation Two models were sold between 2009 and early 2012 and have been discontinued; 100,000 Chill™ models have been sold since January 2011. All of the recliners retailed for around $130.

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