dealcatcher3
06-15-2013, 06:23 AM
http://www.usatoday.com/story/money/business/2013/06/14/nap-nanny-baby-recliners-recall-cpsc/2424019/
Federal regulators and the former maker of the Nap Nanny are recalling all of the company's infant recliners following five deaths and 92 incidents of babies hanging or falling out of the products.
Unlike most recalls, there's no fix or manufacturer refund as the parent company, Baby Matters, is out of business. The Consumer Product Safety Commission says parents should stop using all models of the product.
The recall is part of the settlement of an administrative case filed by CPSC in December. That case sought a mandatory recall of the Nap Nanny and Chill recliners.
"I am happy to put this issue behind me," Baby Matters founder Leslie Gudel said in a statement. "It is very disappointing that we had to stop short in our fight. But it was time to move on."
The Nap Nanny took on greater significance when it became an example of the inability of federal and even industry rulemaking to keep up with new types of children's products. There were no safety standards that applied to the problem and Gudel said she wasn't able to convince the Juvenile Products Manufacturers Association to work on rules when she was developing it. The group is now involved with standard setting for infant recliners.
"Parents should avoid using this or similar products that aren't tested to federal standards," says Nancy Cowles of the advocacy group Kids In Danger, who is also on the standard setting committee for infant recliners. "The safest place for a baby to sleep is a crib, bassinet or play yard that meets current safety rules."
Amazon.com, Buy Buy Baby, Diapers.com, and Toys R Us/Babies R Us agreed in December to refund the purchase price of models sold in their stores. Consumers who bought a Nap Nanny from one of these retailers should contact that retailer to learn more about getting their money back.
About 165,000 of the Nap Nanny and Chill products were sold between 2009 and 2012 for about $130, CPSC says.
CPSC's staff alleged the Nap Nanny and Chill products create a substantial product hazard, contain a design defect and have inadequate instructions and warnings. Baby Matters denie the allegations.
"We vigorously defended the case and while we and our lawyers were confident we would ultimately prevail given the perfect safety record of the Chill when used as intended, the case was becoming expensive and exhausting," said Gudel. "For these reasons we were content to let the CPSC dismiss the case with our never having conceded the baseless allegations behind it."
CPSC sued Baby Matters soon after the company went out of business.
Gudel says the company still receives "almost daily reminders from Nap Nanny users about how much our product helped their family."
"No infant has ever suffered an injury requiring medical attention when the Nap Nanny has been used properly," Gudel says.
It is illegal under federal law to sell, offer for sale, manufacture, distribute or import into the United States any model of the Nap Nanny or Chill recliner or its covers, CPSC says.
Kids in Danger "is pleased to see CPSC using its authority to remove dangerous products from the marketplace," says Cowles.
Federal regulators and the former maker of the Nap Nanny are recalling all of the company's infant recliners following five deaths and 92 incidents of babies hanging or falling out of the products.
Unlike most recalls, there's no fix or manufacturer refund as the parent company, Baby Matters, is out of business. The Consumer Product Safety Commission says parents should stop using all models of the product.
The recall is part of the settlement of an administrative case filed by CPSC in December. That case sought a mandatory recall of the Nap Nanny and Chill recliners.
"I am happy to put this issue behind me," Baby Matters founder Leslie Gudel said in a statement. "It is very disappointing that we had to stop short in our fight. But it was time to move on."
The Nap Nanny took on greater significance when it became an example of the inability of federal and even industry rulemaking to keep up with new types of children's products. There were no safety standards that applied to the problem and Gudel said she wasn't able to convince the Juvenile Products Manufacturers Association to work on rules when she was developing it. The group is now involved with standard setting for infant recliners.
"Parents should avoid using this or similar products that aren't tested to federal standards," says Nancy Cowles of the advocacy group Kids In Danger, who is also on the standard setting committee for infant recliners. "The safest place for a baby to sleep is a crib, bassinet or play yard that meets current safety rules."
Amazon.com, Buy Buy Baby, Diapers.com, and Toys R Us/Babies R Us agreed in December to refund the purchase price of models sold in their stores. Consumers who bought a Nap Nanny from one of these retailers should contact that retailer to learn more about getting their money back.
About 165,000 of the Nap Nanny and Chill products were sold between 2009 and 2012 for about $130, CPSC says.
CPSC's staff alleged the Nap Nanny and Chill products create a substantial product hazard, contain a design defect and have inadequate instructions and warnings. Baby Matters denie the allegations.
"We vigorously defended the case and while we and our lawyers were confident we would ultimately prevail given the perfect safety record of the Chill when used as intended, the case was becoming expensive and exhausting," said Gudel. "For these reasons we were content to let the CPSC dismiss the case with our never having conceded the baseless allegations behind it."
CPSC sued Baby Matters soon after the company went out of business.
Gudel says the company still receives "almost daily reminders from Nap Nanny users about how much our product helped their family."
"No infant has ever suffered an injury requiring medical attention when the Nap Nanny has been used properly," Gudel says.
It is illegal under federal law to sell, offer for sale, manufacture, distribute or import into the United States any model of the Nap Nanny or Chill recliner or its covers, CPSC says.
Kids in Danger "is pleased to see CPSC using its authority to remove dangerous products from the marketplace," says Cowles.