The Consumer Product Safety Commission sued an Oklahoma-based company, saying it failed to recall infant loungers linked to the suffocation of two babies voluntarily.
The administrative complaint filed Wednesday against Leachco, Inc. comes three weeks after the agency warned consumers to stop using the Podster, Podster Plush, Bummzie, and Podster Playtime infant loungers due to a suffocation hazard. The complaint applies to approximately 180,000 Podsters that have been on the market since 2009. Leachco denies that the product is unsafe.
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“CPSC is aware of two infants who were placed on a Podster and suffocated when, due to a change in position, their noses and mouths were obstructed by the Podster or another object. The infants, 17 days old and 4 months old, died in January 2018 and December 2015 in the U.S.,” the filing states.
The agency seeks to have the company notify consumers and third parties that bought the product and issue a refund.
The company, which has refused to recall the product voluntarily, insisted in its response to CPSC’s Jan. 20 warning that it is not intended for “unsupervised sleep,” advising consumers that the product is not intended for sleep and that adult supervision is required, among other warnings.
In the filing, CPSC argues that because it is marketed for infants, caregivers might trust that the products are “a safe place to leave infants,” and infants could roll into a position on the Podster in which their mouth or nose is obstructed.
The filing says a “consumers’ actual use” is considered when deciding whether a product is defective.
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The product is sold at several major retailers, including Amazon, Bed Bath & Beyond, Buy Buy Baby, Kohls, Macy’s, and Toys “R” Us.
Leachco did not respond to the Washington Examiner’s request for comment.
