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A class action lawsuit filed in Cook County Chancery Court is demanding that eight companies that sell “baby sleep positioners” stop pushing the products as being able to prevent infant crib deaths because they actually do the opposite — they cause babies to suffocate.
The baby sleep positioner class action lawsuit is charging consumer fraud against the following eight companies:
Learning Curve Brands, Inc. (d/b/a The First Years Company)
Summer Infant, Inc.
Kid Brands, Inc. (d/b/a Sassy)
Dex Products, Inc.
Kiwi Holdings, Inc. (d/b/a Basic Comfort)
Prince Lionheart, Inc.
Baby Delight, Inc.
Munchkin, Inc.
“Defendants have or continue to market and sell these products for only one purpose: to prevent crib deaths. Thus, there is only one purpose behind the purchase by consumers of these products — to prevent crib deaths….other than to protect against crib deaths, there was no other reason for anyone to buy one of these products,” the class action lawsuit says. The lawsuit further charges the companies with having no scientific proof that these products are effective at preventing crib deaths.
Less than one month ago the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA) issued a warning to consumers to stop using baby sleep positioners because they posed a risk of suffocation to babies. Since the announcement, two of the defendants — Kid Brands and Baby Delight — have stopped selling these products, but the other defendants in the baby sleep positioner lawsuit have not.
The baby sleep positioner class action lawsuit is brought on behalf of all Illinois consumers who purchased a sleep positioner product from one of the eight companies listed in the lawsuit.
It is asking that the companies inform the public to stop using and destroy these dangerous products immediately, and stop making future misrepresentations about their baby sleep positioner products.
A copy of the Baby Sleep Positioner Class Action Lawsuit can be read here.
Updated October 13th, 2010
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