Is CPSC the New National Nanny?” Agency Files Third Lawsuit In Five Months Against Maker of Nap Nanny

On Wednesday, the CPSC filed an administrative complaint against Baby Matters, LLC, the manufacturer of Nap Nanny and Nap Nanny Chill infant recliners. The CPSC alleges there have been at least five deaths and over 70 additional incidents resulting from the use of the products. The Commission voted 3-0 to file the complaint after discussions with the company failed to result in an adequate voluntary recall. Prior to this year, CPSC had used litigation to seek a recall in only a handful of situations, but this is the third lawsuit the Commission has filed in just five months. The other two lawsuits involve Buckeyballs and Zen Magnets.

The complaint alleges that the Nap Nanny recliners have a defective design, warning, and instructions, posing a substantial risk of injury and death to infants, and seeks an order requiring the company to notify consumers of the defect and offer a full refund. In June 2010, the CPSC and Baby Matters announced the recall of first generation Nanny Nap recliners, offering $80 towards the purchase of the newer model, and improved instructions and warnings to owners of the second generation model. The company claims that the new incidents were due to consumer misuse, but, according to the CPSC, the previous corrective action was insufficient.

Companies conducting a recall should continue to review incident reports and remember that the CPSC is still watching. The Commission monitors recall effectiveness and, as demonstrated by the latest lawsuits, will aggressively push for further action if it thinks the recall did not address the problem.