The transfer comes after CPSC suggested shoppers to cease utilizing the merchandise.
The U.S. Shopper Product Security Fee filed a lawsuit towards Leachco on Wednesday after it mentioned the corporate refused to recall child loungers linked to suffocation hazards.
The transfer follows CPSC’s warning to the general public final month over Leachco’s Podster, Podster Plush, Bummzie and Podster Playtime toddler loungers, advising prospects to cease utilizing the merchandise and calling them “faulty.”
“At the moment’s swimsuit needs to be a sign that this Fee is severe about defending shoppers,” CPSC Commissioner Richard Trumka Jr. mentioned in an announcement on Wednesday. “When firms refuse to recall merchandise deemed lethal by CPSC employees, they need to anticipate an administrative criticism to shortly comply with.”
The fee mentioned in a press launch Wednesday it was conscious of two deaths linked to the loungers, one in 2015 and one in 2018. The infants — who had been 17-days-old and four-months-old — had been allegedly positioned on the loungers and suffocated when, attributable to a change in place, their noses and mouths had been obstructed by the loungers or one other object, CPSC mentioned in a press launch.
“Infants are probably the most susceptible members of our society,” CPSC Chair Alex Hoehn-Saric mentioned within the fee’s press launch. “The Fee won’t flip a blind eye on merchandise that put them at pointless threat, and might result in mother and father’ worst nightmare.”
CPSC mentioned the lawsuit is a “final resort” and is looking on Leachco to voluntarily recall the merchandise.
Leachco mentioned Thursday it stands by an announcement issued final month following the fee’s warning.
“CPSC is wrongly telling shoppers to cease utilizing the Podster® altogether as an alternative of explaining that no lounger needs to be utilized in a crib or mattress and no lounger is secure for unsupervised sleep,” the corporate mentioned in an announcement. “The lack of an toddler is actually tragic and households who suffered that loss have our deepest sympathies.”
Leachco maintains its loungers are usually not sleep merchandise. “Though infants can go to sleep wherever, secure sleep pointers and CPSC laws draw a transparent line between merchandise supposed for sleep and merchandise not supposed for sleep,” the corporate mentioned within the assertion.
The merchandise embody warnings towards utilizing the product for sleep, however the fee mentioned Wednesday, “it’s foreseeable caregivers will use the toddler lounger for toddler sleep and with out supervision, and the product is flawed.”
Beneath federal legislation, shoppers’ precise use is taken into account in deciding whether or not a product is flawed, CPSC mentioned.