Federal regulators announced on Wednesday that they are suing the maker of Nap Nanny infant recliners because the company has not agreed to a recall.
The recall of Nap Nanny was urged by the Consumer Product Safety Commission, because five infants have died while inside the device, reports USA Today.
The lawsuit by the CPSC alleges that the maker of the product, Baby Matters, needs to notify the public of the risks of using their device, as well as refunding the cost of the product to any customers who purchased it.
Leslie Kemm Gudel, the founder and owner of Baby Matters, stated in March, “we did what we could,” including testing the product with babies, as well as making product changes. The company shut down in November, though its website remains open with product information and a statement that was released Wednesday. The statement, written by Gudel, reads:
“The ongoing battle with the CPSC cost us so much money that it forced us out of business a month ago.”
NBC News notes that the Nap Nanny’s first generation was recalled in July 2012 after a four-month-old girl died from getting caught in the baby seat’s harness.
The company recalled 30,000 devices and issued an $80 coupon to owners of Nap Nanny Generation One toward the purchase of a newer model. In cooperation with the CPSC, the company also revised their instructions and safety warnings for customers. Since then, however, the CPSC alleges that four more infants have died in Nap Nanny Generation Two or Chill seats. The Agency has also received reports of more than 70 infants nearly falling out of the product.
If they win the lawsuit, Baby Matters will have to issue a recall for all of the Nap Nanny seats, of which they have sold more than 150,000.