‘Defective’ Baby Bassinets Create Risk of Suffocation, Caused Two Infant Deaths, Lawsuit Alleges

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Kids2 Is Accused Of Hiding The Fact Two Of Its Ingenuity Bassinets Create A Risk Of Suffocation And Death In A New Proposed Class Action Lawsuit

New parents beware: two popular models of newborn bassinets create a heightened risk of suffocation for babies and have caused two deaths, a new lawsuit alleges.

The proposed class action lawsuit claims that the “defective” design of the Ingenuity Dream & Grow Bedside Bassinet and Ingenuity Dream Hero Starlight 3-in-1 Co-Sleeping Bassinet sold by Kids2 makes them “dangerously unstable” as babies placed inside the bassinets can roll to one side or onto their stomach and potentially suffocate, something the company allegedly conceals from consumers. 

Citing reports submitted to the Consumer Product Safety Commission’s public database, the lawsuit alleges that a four-month-old boy died in August 2019 and a one-month-old girl died in January 2022 after being put down to sleep on their backs in the Ingenuity Dream & Grow Bedside Bassinet, before being found on their stomachs. 

Manufacturer hides risks, lawsuit claims

Plaintiff Rebecca Archila filed the proposed class action lawsuit against Kids2 alleging false advertising, saying she purchased an Ingenuity Dream & Grow Bedside Bassinet from a buybuyBaby store in Florida in 2022 with no idea about the alleged risks. 

She argues the company deceived parents of young children, failing to disclose the risks with the cantilevered design, and concealed from consumers. The lawsuit says that “by virtue of their design” the cantilevered bassinets cannot maintain a level surface.

“Despite knowing that their representations regarding the features, attributes, and safety of the Products are deceptive and misleading, omit material safety information, and constitute a fraud on consumers, Defendant continues to manufacture, label, sell, distribute, advertise, and market the Products in a false, misleading, unfair, and deceptive manner,” she claims in the lawsuit.

As well as the two deaths linked to the bassinets, the CPSC is aware of at least five infant deaths since 2019 linked to bassinets with a similar cantilevered design, the lawsuit states, as well as “at least seven close calls.”

Risk of babies sleeping

According to the American Academy of Pediatrics roughly 3,500 babies die in their sleep each year and many of the deaths stem from unsafe sleep environments. The academy’s guidance is for babies to always sleep on their backs on a firm, flat surface. 

However, the proposed class action claims the Ingenuity bassinets cannot maintain a completely flat surface, increasing the risk an infant will roll onto their stomach or side and, subsequently, increasing the risk of Sudden Infant Death Syndrome (SIDS).

The cantilever design in bassinets has been identified within the child products industry and by the CPSC as “problematic and dangerous” for this reason, the lawsuit claims. “Defendant consciously chose to market their Products in a way that concealed all of this information from consumers,” the lawsuit alleges. The Safe Sleep for Babies Act was passed in 2022, making it unlawful to manufacture, sell, or distribute crib bumpers or inclined sleepers for infants.

Recalls and past lawsuits

Kids2 has so far declined to redesign or recall the bassinets in question, the lawsuit says, despite receiving upward of 100 negative reviews on its website and those of retailers such as Amazon, Walmart, and Target. 

Those reviews and direct consumer feedback mean Kids2 is aware of the issue, the lawsuit alleges, and Kids2’s own testing of the bassinets reveals the company has known about yet done nothing to remedy the design defect. 

Despite not bowing to pressure to recall the bassinets to date, Kids2 did recall its Rocking Sleeper in 2023. CPSC said at the time infants died in the sleepers after rolling from their back to their stomach or side.

A number of other recalls have been issued in the past for baby sleep products, including three already this year, according to Global Recalls. In 2023, CPSC issued a recall for the 5in1 Rocker Bassinets for posing suffocation, strangulation, and fall hazards to babies, and in 2021 the agency issued a recall for the inclined sleeper accessory included with Kolcraft Cuddle ‘n Care 2-in-1 Bassinet & Incline Sleepers and Preferred Position 2-in-1 Bassinet & Incline Sleepers after it caused infants to roll to their sides. 

Consumer Reports is currently urging CPSC to recall  Kids2 Ingenuity Dream & Grow Bedside Bassinet and Halo BassiNest Flex Portable Bassinet.

What precautions parents can take

The American Academy of Pediatrics says the most important sleep safety measures for infants are for them to always sleep on their backs on flat non inclined surfaces, without soft bedding, and for them to sleep alone. 

“We know that many parents choose to share a bed with a child, for instance, perhaps to help with breastfeeding or because of a cultural preference or a belief that it is safe,” said Rebecca Carlin, MD, FAAP, and the co-author of an academy report on safe sleeping. 

“The evidence is clear that this significantly raises the risk of a baby’s injury or death, however, and for that reason AAP cannot support bed-sharing under any circumstances.”

Some other safe sleeping tips from the academy include:

  • Sleeping in the same room, but not bed, as your baby for at least six months
  • Feeding your baby human milk
  • Pacifier use
  • Avoiding drugs and alcohol as a parent
  • Supervised, awake tummy time

Archila wants to represent consumers across the U.S. in her proposed class action lawsuit, and she is suing Kids2 for alleged Fraudulent Concealment, Breach of Implied Warranty, Breach of Express Warranty, and violation of the Florida Unfair & Deceptive Trade Practices Act.

The plaintiff is represented by Roy E. Barnes and J. Cameron Tribble of The Barnes Law Group LLC; Gary M. Klinger and Alexander E. Wolf of Milberg Coleman Bryson Phillips Grossman; and Kevin Laukaitis of Laukaitis Law LLC.

The Kids2 Ingenuity Bassinets class action lawsuit is Archila et al v. Kids2 LLC, f/k/a Kids2 Inc., Case No. 1:24-cv-00721-AT in the U.S. District Court for the Northern District of Georgia.

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