Authorities Sue Leachco Over Infant Suffocation Hazards Posed By 'Defective' Loungers

The U.S. Consumer Product Safety Commission (CPSC) has sued Leachco over concerns about the potential suffocation hazards posed by some of its products. The agency previously warned consumers against using the said products, but the company refuted the claims.

The agency announced in a statement released on Wednesday that it has filed an administrative complaint following Leachco's "refusal to undertake a voluntary recall" that would cover the company's Podster, Podster Plush, Bummzie and Podster Playtime (the "Podsters") infant lounger.

According to the agency, the use of such products can cause "airflow obstruction" if the infant rolls or if they are placed in a position where their mouth or nose is blocked. It also cited two reports of infant suffocation in 2015 and 2018, wherein the infants were reportedly placed on the Podsters and ended up suffocating when they changed their position.

The complaint listed factors that deem the Podster "defective," including the fact that it's made of thick, soft padding that has a concave shape, which can "envelop an infant's face." It also mentioned the product's lack of "rigid underlying components," which can potentially prevent an infant from "self-rescue."

The agency had warned consumers against using the products in January as well, noting the hazards and the reported incidents.

In response, the company released a statement saying that the Podster is safe for infants. It stressed that the Podster is not intended for sleep and cited the agency's own regulations that "draw a clear line" between products for sleep and those that are not. Moreover, it stated that the products, as well as their packaging, always had "clear warnings" that say it should not be placed in a crib or bed, and nor should it be used for unsupervised sleep.

"The CPSC is wrongly telling consumers to stop using the Podster altogether instead of explaining that no lounger should be used in a crib or bed and no lounger is safe for unsupervised sleep," the company added.

The Juvenile Products Manufacturers Association, which has worked with the CPSC for decades, also released a statement at that time, noting that loungers and similar products pose great benefits to parents and caregivers "when used correctly."

However, the CPSC said in its Wednesday statement that though the products have warnings and usage instructions, caregivers may still use the infant loungers "for infant sleep and without supervision."

"Under federal law, consumers' actual use is considered in deciding whether a product is defective," the agency noted.

In a separate statement, CPSC Commissioner Richard Trumka, Jr. noted that "there is reasonable basis" to believe that the agency's staff can prove that the loungers pose a "substantial product hazard."

As for the relief sought by the agency, the complaint indicated that the company should be ordered to notify all consumers who have the products in question about the said "defect" and offer a full refund for the price of the products.

"Infants are the most vulnerable members of our society. The Commission will not turn a blind eye on products that put them at unnecessary risk, and can lead to parents' worst nightmare," CPSC Chair Alex Hoehn-Saric said in the news release. "Filing complaints like this one is a last resort when a manufacturer fails to respond to the type of safety concerns raised in this case, yet in the interest of protecting consumers we were left with no other options."

According to the agency, "bare is best" when it comes to sleep safety. It also noted that the best environment for a baby to sleep in is a "firm, flat bed."

Other key safety tips parents and caregivers should keep in mind include never placing pillows, blankets or thick quilts in babies' sleep environment and properly assembling cribs and play yards based on manufacturers' instructions.