The U.S. Consumer Product Safety Commission is seeking a mandatory recall of Nap Nanny and Nap Nanny Chill infant recliners, as well as refunds for all who bought them, and has filed an administrative complaint against Baby Matters, LLC, of Berwyn, Pa., the manufacturer, according to The Philadelphia Inquirer.
"The complaint alleges that the Nap Nanny Generation One and Two, and Chill model infant recliners contain defects in the design, warnings and instructions, which pose 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 the firm notify the public of the defect and offer consumers a full refund," the CPSC said in a statement.
The commission added: "CPSC is aware of four infants who died in Nap Nanny Generation Two recliners and a fifth death involved the Chill model.To date, CPSC has received a total of over 70 additional incident reports of children nearly falling out of the product. The staff alleges that the products create a substantial risk of injury to the public."
Commission spokesman Scott Wolfson called it "a rare and serious step," only the fourth time in 11 years such an action has been taken.
While the CPSC has asked retailers to cease selling the products until an administrative law judge rules on its complaint, Wolfson would not comment whether parents should stop using the high-density-foam recliners modeled after a car seat.
"We want parents to understand that the government is filing the lawsuit because we believe the product to be a substantial hazard and we want parents to know that we allege that there have been five deaths associated with the products," he said.
Wolfson added that just because the recliners appear to have been used contrary to manufacturer's instructions does not absolve Baby Matters of responsibility.
In four of the five deaths, the Nap Nanny was placed in a crib, which is precisely what the warning labels on the seats explain to never do.
The instructions for the products say the seats are to be used on the floor, with babies strapped into the three-point harness.
Wolfson doesn't but Baby Matters' claim that it did everything it should have. "A company needs to anticipate the ways in which consumers will use their products," he said.
The inventor of the products, Leslie Gudel, describes herself as "truly heartbroken" over the infant deaths.
In a statement posted on her company's website Wednesday, she said "the fact that infants have died 'while using' the Nap Nanny improperly, such as when used in a crib where the child could suffocate on a crib bumper or a blanket, does not mean our product caused the child's death or is hazardous."
Calling the CPSC's complaint without merit, Gudel said her company stood "behind the safety of our product when used as instructed."
Selling for $129.99, the Nap Nanny had attracted a broad following.
A spokeswoman for retailer Babies R Us, Katie Reczek, said the company was removing Nap Nanny from its website and store shelves Dec. 5, according to the Inquirer.
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