A decade after Feldman Shepherd product liability attorneys Alan M. Feldman, Daniel J. Mann and Edward S. Goldis successfully litigated two cases that led to the recall of one million infant sling carriers that suffocated babies, similar baby carriers have re-entered the marketplace and have once again caught the attention of federal safety regulators.
On June 6, 2024, the U.S. Consumer Product Safety Commission (CPSC) announced the recall of about 1,160 Joybuy Marketplace Express infant sling carriers, stating that the slings, which are designed to be worn over-the-shoulder by an adult to carry an infant, violate the federal Safety Standard for Sling Carriers. The safety standard applies to all sling carriers manufactured or imported into the U.S. after June 30, 2018. It includes performance requirements to prevent falls and suffocation, as well as labeling requirements that promote safe use.
The CPSC adopted the standard after it identified 14 infant suffocation deaths associated with sling-style infant carriers between 1990 and 2010. Two of those deaths were the children of former Feldman Shepherd clients who suffocated in Infantino SlingRider slings.
The SlingRider was a bag-type, fabric sling worn over the shoulder, which Infantino represented as simple and safe to use for carrying newborns as well as babies weighing up to 20 pounds. In reality, Infantino brought the SlingRider to market without the hazard analysis and rigorous safety testing that that any product — let alone a product for vulnerable infants — should undergo by its manufacturer before it hits store shelves. When consumers posted numerous negative reviews on various retailers’ websites expressing concerns about the safety of the SlingRider, Infantino chose to ignore them. It took four infant deaths before Infantino recalled the SlingRider in March 2010.
Read more about Feldman Shepherd’s SlingRider cases:
- $8 Million Settlement for Death of Infant in Baby Sling
- $7.25 Million Recovery for Suffocation Death of Month-Old Infant in Infantino Baby Sling
Based on photos and other information provided in the recall notice, the Joybuy infant slings are similar to the SlingRider in their over-the-shoulder, semi-structured, bag-style, soft-fabric design.
As set forth in the recall notice, the Joybuy slings violate the safety requirements for structural integrity and occupant retention and pose suffocation and fall hazards to babies. In violation of the safety standard, the sling’s waist restraint can be used without the crotch restraint. Moreover, the Joybuy sling did not come with required warnings and instructional literature about keeping the baby’s face clear to prevent suffocation and to avoid a chin-to-chest position, which can cause a baby to asphyxiate. The American Academy of Pediatrics (AAP) advises that when using infant slings, it is important to ensure that the baby’s head is up and above the fabric, their face is visible, and their nose and mouth are clear of anything that could block airflow. The AAP also warns against the chin-to-chest position.
The recalled Joybuy slings were sold online by Walmart from September 2020 through April 2023 for between $15 and $21. They were sold under multiple brand names, which are not identified on the product. The brands are: Wisremt, Sunisery, Multitrust, Inevnen, Farrubbyine8, Jolly’s and Tinkercad. The slings include an adjustable shoulder strap, black plastic buckle, and black hook-and-loop waist and crotch restraint. The exterior is solid navy fabric, and the interior colors and patterns vary. Product descriptions provided by each brand are available on the recall notice.
The CPSC is advising consumers to immediately stop using the recalled slings and to contact Joybuy Marketplace Express for instructions as to how to receive a full refund.
The recall comes nine months after the CPSC warned consumers to stop using what appears to be similarly designed sling carriers that were sold under a different set of brand names. Those brands (which are not identified on the products) are: Biayxms, Brottfor, Carolily Finery, Gotydi, Musuos, N\C, Topboutique and Vera Natura. The slings were sold online at Walmart, Amazon and Trendy Household at price points ranging from $17 to $70 in recent years. The CPSC is aware of the Biayxms carriers offered for sale as early as March 2021 and the N\C carriers offered for sale as recently as June 2022.
The warning states that the “firms” behind these slings were not responsive to the CPSC’s request for a recall. Note that pursuant to federal law, the CPSC cannot 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. Unfortunately, due to legal restrictions on what information the CPSC can publicly share without a product manufacturer’s permission, the status of the CPSC’s efforts to get the manufacturers to recall these dangerous infant slings is unknown.
How Safe Are ‘Baby-Wearing’ Carriers?
Based on data from the National Electronic Injury Surveillance System, researchers estimate that between 2011 and 2020, more than 14,000 infants nationwide were seen in hospital emergency rooms for injuries related to infant slings and other carriers. Twenty-one percent of those infants required hospitalization. Infants 5 months old or younger accounted for 60 percent of the injuries. Traumatic brain injuries, including concussions, were the most prevalent type of injury. Twenty-two percent of the injuries arose when the baby-wearing caregiver fell.
What Should I Do If My Baby Was Injured or Killed in a Joybuy Sling?
Feldman Shepherd co-founding shareholder and product liability attorney Alan M. Feldman recommends contacting a product liability attorney as soon as possible if your child has been seriously injured or killed while using a Joybuy sling or any other infant carrier.
Feldman observed that product liability law requires that all products be safe for their intended as well as expected use. With respect to the Joybuy carriers, he said, “I have seen the heartbreak of families whose children suffocated to death in infant sling carriers. There is no excuse for a manufacturer that violates U.S. safety regulations that were adopted to prevent this very risk, and once again puts dangerous sling carriers back in the marketplace.”
Feldman and his team, which includes shareholder Daniel J. Mann and partner 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 unstable furniture and magnetic toys, in addition to Infantino SlingRider baby slings. 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.