Generally speaking, when a product is recalled, the decision is made by the manufacturer of that product with some level of cooperation from the United States Consumer Product Safety Commission, or the CPSC. That’s usually how things play out because the manufacturer of that product or products realizes that the potential legal liability for keeping defective products on the market will outweigh any potential benefits of continuing to sell them to consumers. However, that is not always what occurs, and a developing controversy regarding a product designed for infants is providing some insight to the public with regards to how a manufacturer may choose to deal with one of its products.
Below you will find a brief overview of the ongoing story that involves Baby Matters LLC, its Nap Nanny recliner product and its intensifying fight with the CPSC. You will also find information regarding why this product was initially recalled and what parents should do if they are using this product. Anyone who has been harmed by a defect should seek the help of California defective products lawyers as soon as possible.
The Nap Nanny – A Brief History
The Nap Nanny is a baby lounger that’s made by Baby Matters LLC, and this is a product that has been the subject of much controversy dating back to 2010, when it was initially recalled following the reported death of one child who was using the product at the time. In December of 2012, the government filed a lawsuit against the company after reports of additional infant fatalities became public.
However, instead of working with the CPSC in the recall effort, attorneys for Baby Matters LLC are seeking to dismiss this mandatory recall. The recall represents only the third time in 11 years that the CSPC has taken such a step without the cooperation of a product’s manufacturer. The attorneys for the company are arguing that the recall announcement was basically and end-run that allowed the CPSC to avoid proving its case to the administrative judge who will rule on the government lawsuit. The attorneys are also claiming that many of the claims made by the CPSC are materially false.
Where the Issue Stands
As of now, the complaint that was filed by the manufacturer has yet to generate a ruling, but as said above it’s rare for a company to fight back in this manner after such an announcement is made. Parents who are using the Nap Nanny unfortunately face a very difficult decision regarding this product. Most parents will err on the side of caution and those who do own this product should watch these developments closely to see how the issue is resolved.
If you or someone you love has been injured as a result of a defective product, you need to seek the help of California defective products lawyers who have been fighting for the rights of consumers for 20 years. Contact the Demas Law Group today to schedule a free initial consultation.
