Nested Bean’s weighted sleep sacks and swaddles for children are unsafe and falsely marketed, a new lawsuit alleges.
Plaintiff Roz Saedi filed the proposed class action lawsuit against Nested Bean Inc. on May 15 in a Massachusetts federal court, alleging violations of California consumer protection laws.
According to the lawsuit, Nested Bean markets its products as the “safe alternative to all-weighted sleepwear,” when there is allegedly scientific consensus that the products are “inherently dangerous.”
Nested Bean also allegedly touts its products as being scientifically designed to give children a better sleep. “The problem is that there is no scientific evidence that these products help children sleep,” the lawsuit states.
Nested Bean makes and sells weighted sleep products for children such as the Zen Sack, Zen Sack Classic, Zen Sack Winter, Zen Sack Premier, and Zen Sack Quilted, and weighted swaddles such as the Zen Neo and the Zen Swaddle Classic.
Saedi argues that there’s ample evidence that these weighted sleep products for children are not safe, however the company continues to sell them.
Saedi says the American Academy of Pediatrics and other scientific organizations have warned against the use of weighted blankets, sleepers, or swaddles on children, stating that they are unsafe and can lead to reductions in oxygen saturation levels in infants, which may be harmful to developing brains.
The lawsuit states that the “overwhelming scientific consensus” against weighted sleep products also recently caught the attention of the U.S. Consumer Product Safety Commission (CPSC), which wrote to numerous retailers stating that it was aware of multiple infant deaths involving weighted infant sleep sacks. The commission warns against the use of weighted blankets for kids.
Despite the alleged consensus that weighted sleep products are unsafe, Nested Bean continues to market its products as safe and effective, the lawsuit states. The marketing preys on vulnerable parents who are desperate to help their child get a good sleep, it says.
Saedi says no reasonable consumer would buy the products if they knew they were unsafe for children.
“Defendant uses deceptive and unfair tactics to sell millions of dollars’ worth of its wholly useless weighted sleep products which are not proven to provide the benefits that defendant markets,” shei says.
“Worse, Defendant reaps these profits while omitting from its marketing that these products are dangerous and should not be used.”
Meanwhile, Nested Bean is not the only weighted sleep product manufacturer impacted by a recent focus on the products. Earlier this month, Dreamland Baby Co., maker of another popular weighted sleep sack, sued the CPSC after the agency put out warning statements about weighted sleep sacks.
The move led to several retailers like Target and Amazon announcing they were no longer selling weighted sleep sacks, citing safety concerns. Dreamland Baby Co. claims the agency violated the company's constitutional rights.
In the Nested Bean sleep sack class action lawsuit, Saedi seeks to represent all U.S. consumers who purchased Nested Bean weighted sleep products. The lawsuit demands:
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