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Consumer Reports Calls for Recall of ‘Ingenuity Dream’ and ‘Halo BassiNest’ Bassinets Amid Reports of Dangerous Tilt

Consumer Reports is calling for federal regulators to recall two bedside bassinets amid mounting complaints by parents that they have a tilted sleep surface which is causing their babies to roll into unsafe sleep positions.

Both the Ingenuity Dream & Grow Bedside Bassinet, made by Kids2, and the Halo BassiNest Flex Portable Bassinet have a cantilever design, meaning that they are supported on one side only, with two legs, unlike traditional bassinets which are supported on two sides, with four legs. The two-legged design is marketed to parents for the ability to position the bassinet alongside an adult bed, so they can sleep next to their baby without the dangers of bed-sharing.

Cantilever bassinets have been on the radar of the Consumer Product Safety Commission (CPSC) for at least eight years. In a 2021 letter to voluntary safety-standards-setting organization ASTM International, the CPSC cited incidents as early as 2016 in which infants who were placed in cantilever bassinets “reportedly rolled into the side of the product, or into a prone position.” There have been at least five infant deaths associated with various brands of cantilevered bassinets since 2019. The CPSC cites four of those deaths in its 2021 letter. The fifth death occurred in 2022 after the letter was sent.

While the CPSC did not specify which cantilevered bassinets were involved in the four deaths, a review of reports made to its SaferProduct.gov public database reveals that at least two deaths occurred in the Ingenuity Dream & Grow Bedside Bassinet: In 2019, a 4-month-old who was placed in a swaddle on his back in the Ingenuity bassinet was discovered several hours later by his mother out of the swaddle, on his stomach, not breathing. In 2022, a 1-month-old died after being placed on her back in the Ingenuity bassinet. The mother awoke to find the baby on her stomach.

The American Academy of Pediatrics recommends that infants be put to sleep on their backs, on a separate, flat and firm sleep surface without any bumpers, loose bedding or stuffed toys.

Most recently, in an April 2023 letter to ASTM, the CPSC pushed for the adoption of a safety standard whereby bassinets would be completely flat (0-degree incline), with a tolerance for error not to exceed 1-degree. According to the letter, the ASTM bassinet subcommittee had previously proposed a 7-degree maximum tilt angle, which left the CPSC “concerned.”

Consumer Reports states that its own laboratory evaluation of the Ingenuity Dream & Grow Bedside Bassinet and the Halo BassiNest Flex Portable Bassinet found “the sleep surface of each product tilted significantly when weight was added, supporting parent concerns reported on SaferProducts.gov and in online reviews.”

Some of the concerns (and harrowing stories) expressed by parents about these two bassinets include:

Some parents documented their complaints with photos of their baby wedged against the sidewall of the bassinet, face pressed into the mesh. Others proved that their bassinet was tilted with photos that included a leveling tool. One parent expressed concern that their baby “could have suffered from a fall since their weight was pressed against sidewall mesh fabric that likely is not intended to support the entire weight of a baby.”

But rather than pulling these dangerous bassinets from the market, or remedying the defect, both Kids2 and Halo have responded to a number of negative online reviews by instructing their customers to contact them directly. Some parents who contacted customer service at Halo have reported that the company supplied a same-model replacement bassinet with the same safety issue.

If the Bassinets Are Dangerous, Why Hasn’t the CPSC Recalled Them?

While Consumer Reports is urging the CPSC to investigate and push for the recall of the two bassinets, the CPSC, contrary to popular belief, does not have the authority to unilaterally recall unsafe products without a company’s cooperation. If a company refuses to cooperate, the CPSC must engage in protracted litigation or administrative proceedings to force a recall. Moreover, if the CPSC wants to notify the public about a hazardous product, it usually must get the company’s permission first. If the company objects, which it most likely will do, the CPSC, again, may be forced to litigate the issue.

Due to legal restrictions on what information the CPSC can publicly share without a product manufacturer’s permission, it is unknown what efforts, if any, the CPSC has made to get Kids2 and Halo to voluntarily recall these products.

What Should I Do If My Baby Has Been Injured by an Unsafe Bassinet?

Daniel J. Mann, a product liability attorney and partner at Feldman Shepherd, said there is simply no excuse for an infant sleep product which, by design, causes helpless babies to get into potentially deadly sleep positions. Mann stated, “these products clearly have never undergone a robust hazard analysis, which would have identified these clear dangers. Given the notice to the manufacturers of significant safety issues and deaths, these products must be recalled immediately before any other infants are killed.”

Mann and his team, which includes partners Alan M. Feldman and Edward S. Goldis, have secured substantial recoveries on behalf of infants and young children who have been seriously injured or killed by children’s products, including baby slings, unstable furniture and magnetic toys. They presently represent five families whose babies died in separate incidents in infant loungers, rockers and inclined sleepers, which do not comply with the safe sleep recommendations of the American Academy of Pediatrics.

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