LOS ANGELES (Legal Newsline) – Fisher-Price is facing a potential class action lawsuit over its Rock 'N Play Sleeper baby products over allegations they present a risk to babies.
Karen Flores, individually and on behalf of all others similarly situated, filed a complaint on May 31 in the U.S. District Court for the Central District of California against Fisher-Price Inc., alleging fraud, unjust enrichment, violation of California’s Consumers Legal Remedies Act, violation of California’s Unfair Competition Law and breach of implied warranty of fitness and merchantability.
The company has recalled the products at issue.
The suit states the Rock 'N Play Sleeper product's "defining feature," its ability to "lock the infant into an inclined sleeping position - is in fact a dangerous defect." The suit states the product can also contribute to misshapen or flattened heads and/or death by suffocation.
"In fact, the very name of the product – 'Sleeper' – is a misrepresentation because it represents that the products are safe and suitable for an infant to sleep in, which they are not. Defendant did not disclose the defect or give any warnings about the defect. Only after buying the products, and reviewing the instruction manual, might a purchaser learn of any safety risks, and even then only on the vaguest terms," the suit states.
The plaintiff alleges she purchased a Rock 'N Play Sleeper from BuyBuyBaby for her infant granddaughter. The plaintiff alleges she purchased the product for her daughter-in-law, who had reviewed the product and the product’s specifications. The plaintiff alleges she would never have purchased the item had she known that it contained the alleged defect.
The plaintiff is seeking a trial by jury, declaratory judgment against the defendant, compensatory and punitive damages, interest, restitution and other relief deemed fit. The plaintiff is represented by Adam T. Hoover of Reich Radcliffe & Hoover LLP in Newport Beach, California.
U.S. District Court for the Central District of California case number 8:19-CV-01073