Friday, June 14, 2013

Nap Nanny and Chill Infant Recliners Recalled by Baby Matters LLC After Five Infant Deaths; CPSC, Firm Settle Administrative Litigation

-----------NEWS from CPSC-----------
U.S. Consumer Product Safety Commission
Office of Communications
4330 East West Highway, Bethesda, MD 20814, www.cpsc.gov
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Release Date: June 14, 2013
Release Number: 13-216

Nap Nanny and Chill Infant Recliners Recalled by Baby Matters LLC After Five Infant Deaths; CPSC, Firm Settle Administrative Litigation

WASHINGTON, D.C.--In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Baby Matters LLC of Berwyn, Pa., is announcing a voluntary recall of all models of its Nap Nanny and Nap Nanny Chill infant recliners and covers. This recall is announced as part of the settlement of an administrative case filed by CPSC in December 2012, which sought a mandatory recall of the Nap Nanny and Chill products.

From 2009 to the present, the Commission staff has received at least 92 incident reports involving the Nap Nanny and Nap Nanny Chill products, including five infant deaths. CPSC is aware of four infants who died in Nap Nanny Generation Two recliners and a fifth death involved in the Chill model. In the incident reports received by CPSC, there were 92 reports of infants hanging or falling over the side of the products, including some infants who were restrained in the product's harness.

CPSC urges consumers to immediately stop use of all Nap Nanny and Nap Nanny Chill recliners.  Baby Matters LLC is no longer in business and is not accepting returns.  In December 2012, four major retailers-Amazon.com, Buy Buy Baby, Diapers.com, and Toys R Us/Babies R Us-announced a voluntary recall of Nap Nanny and Chill models sold in their stores.  Consumers who purchased a Nap Nanny from one of these retailers should contact the retailer for instructions on how to obtain a refund for the product.  

CPSC urges other consumers to immediately dispose of the products to ensure that they are not used again.

About 165,000 of the Nap Nanny and Chill products were sold between 2009 and 2012 for about $130. The recalled products were sold at toy and children's retail stores nationwide and online, including at www.napnanny.com.

In December 2012, CPSC staff filed an administrative complaint against Baby Matters LLC seeking a recall of the Nap Nanny and Nap Nanny Chill infant recliners.  CPSC staff and Baby Matters LLC reached a settlement agreement that includes the recall announced today and ends the legal proceeding against the firm.  

The settlement resolves CPSC staff's allegations that the Nap Nanny and Chill products create a substantial product hazard. CPSC alleged that the products contain a design defect, their use presents a risk of injury to infants, and the instructions and warnings are inadequate.  Baby Matters disputed these allegations but has agreed to the recall in consideration for dismissal of the CPSC lawsuit.

It is illegal under federal law for any person to sell, offer for sale, manufacture, distribute in commerce, or import into the United States any model of the Nap Nanny or Chill recliner or the covers.

Photo available at http://www.cpsc.gov/en/Newsroom/News-Releases/2013/Nap-Nanny-and-Chill-Infant-Recliners-Recalled-by-Baby-Matters-LLC-After-Five-Infant-Deaths-CPSC-Firm-Settle-Administrative-Litigation-/ 

To learn more about this recall and related administrative litigation, see the following:

2013 Settlement Agreement - http://www.cpsc.gov//Global/Recalls/Recall-Lawsuits/BabyMattersConsentAgreement53113.pdf

2013 Amended Complaint - http://www.cpsc.gov/PageFiles/139781/babymatters14c.pdf#page=9

2012 News Release Announcing the Original Complaint - http://www.cpsc.gov/Newsroom/News-Releases/2013/Five-Infant-Deaths-Prompt-CPSC-to-Sue-Manufacturer-of-Nap-Nanny-and-Chill-Infant-Recliners/

2012 Recall - http://www.cpsc.gov/Recalls/2013/Four-Retailers-Agree-to-Stop-Sale-and-Voluntarily-Recall-Nap-Nanny-Recliners-Due-to-Five-Infant-Deaths/




 

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receiving incident or injury reports that are either directly related to a
product recall or involve a different hazard with the same product. Please
tell us about your experience with the product on SaferProducts.gov.

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an independent federal regulatory agency, located at 4330 East West
Highway, Bethesda, MD 20814 Toll-free hotline: (800) 638-2772.

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