Washington, DC: A class action lawsuit has been filed against the manufacturers of baby "sleep positioners" over allegations that the products were fraudulently marketed as being safe. On September 29th, the Food & Drug Administration (FDA) and the Consumer Product Safety Commission (CPSC) issued warnings that the positioners pose a potential risk of suffocation. In the warnings the agencies noted that there are currently 12 known fatalities linked to the product.
The suit specifically alleges that the companies "have falsely represented ... that their baby sleep positioners help prevent crib deaths when in fact [the manufacturers] do not possess (and have not possessed) competent scientific proof that these products are effective to prevent crib deaths."
The lawsuit reportedly names eight defendant companies that make the "sleep positioners." The suit was filed on behalf of all customers in the state of Illinois who purchased one of the products from one of the manufacturers within the applicable statute of limitations period. Thousands of customers may be eligible for the class action.
The eight companies named in the suit are Learning Curve Brands 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.; and Munckin, Inc.