LOS ANGELES (Legal Newsline) – The makers of baby sleepers alleged to bend infants in a way that could cause suffocation has filed a motion to dismiss a class action lawsuit against it.
“This is a quintessential no-injury product liability case recast as a ‘consumer fraud’ class action, says the April 15 motion from Graco Children’s Products and Newell Brands.
The two companies were sued in February in Los Angeles federal court, weeks after Newell Brands recalled 110,000 “Little Lounger” sleepers. The named plaintiff says she purchased one in 2018 but does not allege any harm befell her child as a result.
The defendants say a recall does not prove they engaged in any fraudulent activity and that the plaintiff fails to show she has standing to bring suit. They also claim there are zero reports of any positional asphyxiation incidents.
The recall gave a full refund for some while other consumers were entitled to an $80 voucher.
“(P)urchasers of Little Lounger seats, including Plaintiff, already have a remedy in hand that provides them with a refund of the money they paid for the product – even though none of them ever experienced a positional asphyxiation incident,” the motion says.
“Rather than availing herself of the full refund already available to her, Plaintiff has brought this putative class action.”