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New Obstacles for Berwyn-Based Nap Nanny

Beleaguered infant sleep device maker faces new hurdles from feds, major vendors.

Berwyn-based Nap Nanny is facing more troubles in the wake of a contested federal government campaign to get the baby recliner product off store shelves.

The company has been locked in a back and forth tug of war with the  Consumer Product Safety Commission over the nap nanny recliner in the wake of five deaths that have been linked to the infant recliner.

The company's owner and founder, Leslie Gudel says the problems arise not from the product, but from users failing to follow instructions. She is fighting the CPSC's stop-selling order against the company.

You can read the background of the new developments in an article posted on TE Patch on December 7.

Now the CPSC has issued a press release announcing a voluntary recall by four of the product's major retailers fand that those that four major retailers also stop selling the product.

Here is the full news release posted by the Consumer Product Safety Commission on Thursday (December 27).

Four Retailers Agree to Stop Sale and Voluntarily Recall Nap Nanny Recliners Due to Five Infant Deaths

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) and four major retailers are announcing a voluntary recall to consumers who own Nap Nanny(r) recliners made by Baby Matters, LLC of Berwyn, Pa.

Retailers currently participating include Amazon.com, Buy Buy Baby, Diapers.com and Toys R Us/Babies R Us. At the request of the CPSC, these retailers have agreed to voluntarily participate because the manufacturer is unable or unwilling to participate in the recall.

CPSC is warning parents and caregivers that these baby recliners contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to infants. This recall includes the Nap Nanny Generations One and Two, and the Chill(tm) model infant recliners.

In July 2010, CPSC and Baby Matters, LLC issued a joint recall news release that offered a discount coupon to Generation One owners toward the purchase of a newer model Nap Nanny, and improved instructions and warnings to consumers who owned the Generation Two model of Nap Nanny recliners.

At the time of the 2010 recall, CPSC was aware of one death that had occurred in a Nap Nanny recliner and 22 reports of infants hanging or falling out over the side of the Nap Nanny, even though most of the infants had been placed in the harness. Subsequently, despite the improvements to the warnings and instructions, additional deaths using the Nap Nanny recliners were reported, including one in a Chill model. Since the 2010 recall, CPSC has received an additional 70 reports of children nearly falling out of the product.

The Nap Nanny is a portable infant recliner designed for sleeping, resting and playing. The recliner includes a bucket seat shaped foam base and a fitted fabric cover with a three point harness. Five thousand Nap Nanny Generation One and 50,000 Generation Two models were sold between 2009 and early 2012 and have been discontinued. One hundred thousand Chill Models have been sold since January 2011. The recalled Nap Nanny recliners were sold at toy and children's retail stores nationwide and online, including at www.napnanny.com. All models were priced around $130.

Nap Nanny Generation Two model

For more information, consumers should review the return policy of the individual retailer from which they purchased a Nap Nanny recliner. If the product was purchased at one of the retailers below, see the link or call for instructions on returns:

Amazon.com: http://www.amazon.com
Buy Buy Baby: Toll-free at (877) 328-9222,
http://www.buybuybaby.com/productRecalls.asp
Diapers.com: (800) 342-7377,
http://www.diapers.com
Toys R Us/Babies R Us: (800) 869-7787,
http://www.toysrusinc.com/safety/recalls

To see this recall on CPSC's web site, including a picture of the recalled product, please go to:
http://www.cpsc.gov/cpscpub/prerel/prhtml13/13083.html

 

Editor's note: An earlier version of the story indicated that the recall was issued by the CPSC when the recall was voluntary by the sellers and simply announced by the CPSC.

Nap Nanny founder Leslie Gudel sent TE Patch the following statement in an effort to clarify the distinction which, while having the same effect for the consumer, is an important difference in terms of the process and the government's role in this recall.


I appreciate your balanced approach to the story. I did want to correct one thing, the CPSC has not issued a voluntary recall, rather four retailers have. The CPSC cannot force a recall unless they prevail in court. In fact, despite the CPSC's press release stating that "Under federal law, it is illegal to attempt to sell or resell this or any other recalled product", this is incorrect as it pertains to the Nap Nanny. Because we, the manufacturer, have not voluntarily recalled the Nap nanny, it is not a prohibited act under Section 19 of the CPSA for anyone to sell or resell the product at this time. The (CPSC) press release has since been changed, but this has not been clear to the general public.

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