Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices 73621 

1Commissioner Nancy A. Nord issued a 

statement regarding this issue. The statement is 

available on the Commission Web site, 

www.cpsc.gov or from the Office of the Secretary. 

Service Networks (VISNs) 1, 3, 4, 5, 6, 

7, and 8, as aggregated by Service Area 

Office (SAO) East, Veterans Health 

Administration, Department of Veterans 

Affairs, Pittsburgh, PA, with an effective 

date of November 26, 2012. This Notice 

is to clarify that the Committee’s 

decision to add the referenced eyewear 

requirement to the Procurement List 

does not affect current contracts or 

option years exercised under those 

contracts. Nor does the Committee’s 

decision preclude the Department of 

Veterans Affairs from implementing its 

Veterans First Program in awarding 

prime contracts for optical products and 

services in accordance with their 

published procedures. 

Further, the Committee is temporarily 

suspending the November 26, 2012 

effective date for the following 

locations: VISNs 1, 3, 4, 5, 6 and those 

portions of VISN 8 that have existing 

commercial contracts as of November 

26, 2012. Concurrently, pursuant to 41 

CFR 51–2.4, the Committee will 

reconsider the decision in order to 

determine whether it had all 

appropriate information for 

consideration when the Committee 

extended to SAO East its decision that 

the products were suitable for 

procurement by the Government. 

Interested parties may submit 

comments pertaining to the eyewear 

addition for the Committee’s 

consideration no later than 5 p.m. on 

January 28, 2013. Comments received 

after this date will not be considered. 

Comments should be submitted to Barry 

S. Lineback at the address above. 

Dated: December 6, 2012. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2012–29873 Filed 12–10–12; 8:45 am] 

BILLING CODE 6353–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 13–1] 

Baby Matters, LLC; Complaint 

AGENCY: Consumer Product Safety 

Commission 

ACTION: Publication of a Complaint 

under the Consumer Product Safety Act. 

SUMMARY: Under provisions of its Rules 

of Practice for Adjudicative Proceeding 

(16 CFR part 1025), the Consumer 

Product Safety Commission must 

publish in the Federal Register 

Complaints which it issues. Published 

below is a Complaint: In the Matter of 

Baby Matters, LLC.1

SUPPLEMENTARY INFORMATION: The text of 

the Complaint appears below. 

Dated: December 5, 2012. 

Todd A. Stevenson, 

Secretary. 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

In the Matter of BABY MATTERS LLC, 

Respondent. 

CPSC DOCKET NO. 13–1 

Complaint 

Nature of Proceedings 

1. This is an administrative 

enforcement proceeding pursuant to 

Section 15 of the Consumer Product 

Safety Act (‘‘CPSA’’), as amended, 15 

U.S.C. 2064, and Section 15 of the 

Federal Hazardous Substances Act 

(‘‘FHSA’’), as amended, 15 U.S.C. 1274, 

for public notification and remedial 

action to protect children from the 

substantial risks of injury and death 

presented by infant recliners known as 

the Nap Nanny® and the Nap Nanny®

ChillTM (collectively, the ‘‘Subject 

Products’’), imported, distributed and 

sold by Baby Matters LLC (‘‘Baby 

Matters’’ or ‘‘Respondent’’). 

2. This proceeding is governed by the 

Rules of Practice for Adjudicative 

Proceedings before the Consumer 

Product Safety Commission (the 

‘‘Commission’’), 16 CFR part 1025. 

Jurisdiction 

3. This proceeding is instituted 

pursuant to the authority contained in 

Sections 15(c), (d) and (f) of the CPSA, 

15 U.S.C 2064 (c), (d) and (f), and 

Sections 15(c), (d) and (e) of the FHSA, 

15 U.S.C. 1274(c), (d) and (e). 

Parties 

4. Complaint Counsel is the staff of 

the Division of Compliance within the 

Office of the General Counsel of the 

Commission (‘‘Complaint Counsel’’). 

The Commission is an independent 

federal regulatory agency established 

pursuant to Section 4 of the CPSA, 15 

U.S.C. 2053. 

5. Respondent is a Pennsylvania 

limited liability company with its 

principal place of business located at 

531 Winston Way, Berwyn, 

Pennsylvania, 19312. 

6. From January 2009 until November 

2012, Respondent was an importer, 

distributor, and retailer of the Subject 

Products, as those terms are defined in 

CPSA Sections 3(a)(5), (7), (8), (11) and 

(13) of the CPSA, 15 U.S.C. 2052(a)(5), 

(7), (8), (11) and (13). 

7. As an importer, from January 2009 

until November 2012 Respondent was a 

‘‘manufacturer’’ as that term is defined 

in CPSA Section 3(a)(11), 15 U.S.C. 

2052(a)(11). 

The Consumer Product 

8. From January 2009 until November 

2012, Respondent imported and 

distributed the Subject Products in U.S. 

commerce and offered them for sale to 

consumers for their personal use in or 

around a permanent or temporary 

household or residence, in recreation or 

otherwise. 

9. The Subject Products are sold 

under the brand names Nap Nanny®

(‘‘Nap Nanny’’), and The Nap Nanny®

ChillTM’’ (the ‘‘Chill’’). 

10. Upon information and belief, three 

models of the Nap Nanny have been 

introduced in U.S. commerce. 

11. Upon information and belief, one 

model of the Nap Nanny (‘‘Generation 

One’’) was sold between January 2009 

and August 2009. 

12. Upon information and belief, the 

Generation One consists of a shaped 

foam seat base covered by a removable 

fabric shell, and is equipped with a 

three-point harness. 

13. Upon information and belief, the 

harness on each Generation One 

Product is attached to the fabric cover 

only and is not secured to the foam base 

underneath. 

14. Upon information and belief, a 

second model of the Nap Nanny 

(‘‘Generation Two’’) was sold between 

August 2009 and as late as April 2012. 

15. Upon information and belief, the 

Generation Two consists of a shaped 

foam seat base covered by a removable 

fabric shell and is equipped with a 

three-point harness. 

16. Upon information and belief, the 

contour of the foam seat base of the 

Generation Two is identical to that of 

the Generation One. 

17. Upon information and belief, the 

harness system in the Generation Two is 

sewn to the fabric cover but also can be 

secured to two ‘‘D’’-shaped rings 

embedded in the foam base by means of 

VelcroTM tabs. 

18. Upon information and belief, a 

third model of the Nap Nanny, the Chill, 

has been sold since January 2011. 

19. Upon information and belief, the 

Chill consists of a shaped foam seat base 

covered by a removable fabric shell and 

is equipped with a three-point harness. 

20. Upon information and belief, the 

contour of the Chill model’s foam base 


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has been modified from those of the 

Generation One and Generation Two 

versions of the Subject Products. 

21. Upon information and belief, the 

contour of the Chill forms a more 

narrow space around the infant’s hip 

area and provides a higher side wall on 

either side of the infant than do either 

the Generation One or Generation Two 

models of the Subject Products. 

22. Upon information and belief, the 

harness in the Chill is permanently 

attached to the foam base, in contrast to 

the design of the Generation One and 

Generation Two Subject Products. 

23. Upon information and belief, the 

foam core components of the Subject 

Products were, and continue to be, 

manufactured by G&T Industries, of 

Reading, Pennsylvania. 

24. Upon information and belief, the 

fabric covers of the Generation One and 

a portion of fabric covers of the 

Generation Two were manufactured by 

Ricochet Manufacturing, of 

Philadelphia, Pennsylvania. 

25. Upon information and belief, the 

fabric covers for a portion of the 

Generation Two are manufactured by 

Jiaxing Jiayi Garment Co. Ltd., of 

Jiazing, Zhejiang, in China. 

26. Upon information and belief, the 

fabric covers for the Chill are 

manufactured by Jiaxing Jiayi Garment 

Co. Ltd., of Jiazing, Zhejiang, in China. 

27. Upon information and belief, 

Respondent imports these fabric covers 

into the United States. 

28. Upon information and belief, the 

Subject Products have been, and 

continue to be, sold for a retail price of 

approximately $130. 

29. Upon information and belief, 

approximately 5,000 units of the 

Generation One and 50,000 units of the 

Generation Two have been sold to 

consumers in the United States. 

30. Upon information and belief, 

approximately 100,000 units of the Chill 

have been sold to consumers in the 

United States. 

31. Upon information and belief, 

Respondent advised the public on its 

Web site in November 2012 that 

Respondent has ‘‘closed [its] doors,’’ 

and directed consumers to Respondent’s 

retail partners that continued to sell the 

Chill. 

32. Upon information and belief, 

subsequently, on or about November 27, 

2011, Respondent removed the message 

that it had ‘‘closed [its] doors’’ and 

replaced it with links to the Chill’s User 

Guide and registration. Respondent 

retained the message directing 

consumers to Respondent’s retail 

partners that continued to sell the Chill. 

Count 1 

The Subject Products are Substantial 

Product Hazards Under Section 15(a)(2) 

of the CPSA, 15 U.S.C. 2064(a)(2), 

Because They Contain Product Defects 

That Create a Substantial Risk of Injury 

to the Public 

The Subject Products Contain a Design 

Defect 

33. Paragraphs 1 through 32 are 

hereby realleged and incorporated by 

reference as though fully set forth 

herein. 

34. A product may contain a defect 

even if a product is manufactured in 

exact accordance with its design and 

specifications, if the design presents a 

risk of injury to the public. 16 CFR 

§ 1115.4. 

35. Upon information and belief, 

because the restraint system in the 

Generation One is designed such that 

the harness straps are secured only to 

the fabric cover and cannot be attached 

to the foam seat base, the fabric cover 

can move freely over the seat base so 

that there is no means of anchoring the 

harness to any fixed point. 

36. Upon information and belief, this 

defective design allows the infant to 

have significant movement within the 

Generation One even when the harness 

is used. 

37. Upon information and belief, the 

harness straps of the Generation One 

slide easily through the buckles when 

the infant user moves, preventing a 

secure, snug fit around the infant’s 

waist. 

38. Upon information and belief, this 

defective design allows freedom of 

movement such that the infant is able to 

maneuver over the side walls of the 

Generation One and into other 

compromised positions. This hazardous 

scenario exists even while the harness is 

in use. 

39. Upon information and belief, the 

restraint system in the Generation Two 

is designed such that the two harness 

straps that encircle the infant’s waist are 

sewn to the fabric cover but also could 

be secured, via VelcroTM tabs, to two 

‘‘D’’-shaped rings embedded in the foam 

seat base. The third point of the harness 

is sewn to the fabric cover between the 

infant user’s legs with no means of 

attaching it to a fixed point on the foam 

seat base, causing the harness straps to 

slide easily through the buckles and 

prevent a secure, snug fit around the 

infant’s waist. 

40. Upon information and belief, 

when the harness is not attached to the 

‘‘D’’-shaped rings, the Generation Two 

harness moves freely with the fabric 

cover. 

41. Upon information and belief, this 

defective design allows an infant to fall 

or hang over the side of a Generation 

Two even while the harness is in use, 

which can result in injury or death. 

42. Upon information and belief, 

parents and caregivers who remove the 

fabric cover of the Generation Two are 

directed in Respondent’s instructions 

that failure to secure the harness around 

the ‘‘D’’ shaped rings can allow the 

infant to turn and contact the floor. 

43. Upon information and belief, the 

VelcroTM tabs in the Generation Two 

loosen as the infant user moves in the 

seat. 

44. Upon information and belief, over 

time, due to the nature of VelcroTM, the 

tabs gradually detach with ease, thereby 

rendering the restraint system 

ineffective, posing a risk of injury and 

death to the infant. 

45. Upon information and belief, 

parents or other caregivers using a 

Generation Two are not likely to 

immediately know that the VelcroTM

tabs have detached from the ‘‘D’’-shaped 

ring. 

46. Upon information and belief, 

parents or other caregivers, may be 

unaware of the importance of ensuring 

that the VelcroTM tabs are secured 

around the ‘‘D’’-shaped rings after 

replacing the cover and before every 

use. 

47. Upon information and belief, 

because the restraint system in the Chill 

is permanently attached to three points 

on the foam seat base, this design makes 

it difficult for caregivers to adjust the 

waist straps. 

48. Upon information and belief, 

because it is difficult to adjust the waist 

straps in the Chill, parents and other 

caregivers are less likely to use the 

harness. 

49. Upon information and belief, due 

to difficulty of use in the case of the 

Chill and ineffectiveness in the case of 

the other models, parents and other 

caregivers are unlikely to use the 

harness on any of the Subject Products. 

50. Upon information and belief, even 

if the harness is used, the harness may 

fail to prevent the infant user from 

moving into a compromised position if 

it is not adequately tightened around the 

infant. 

51. These defective designs pose a 

risk of injury and death to infant users. 

The Subject Products Are Defective 

Because the Risk of Injury Occurs as a 

Result of Their Operation or Use 

52. A design defect may also be 

present if the risk of injury occurs as a 

result of the operation or use of the 

product. 16 CFR § 1115.4. 


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53. Upon information and belief, the 

Subject Products have been advertised 

and marketed by Respondent as devices 

that promote a full night’s sleep for 

infants. 

54. Upon information and belief, the 

risk of injury occurs as a result of the 

use of the Subject Products by parents 

and caregivers who, contrary to the onproduct warnings, are likely to use the 

product, regardless of the version, in 

cribs and other traditional sleep 

environments in order to ensure the 

child’s safety during a full night’s sleep. 

55. Upon information and belief, the 

risk of injury occurs as a result of the 

foreseeable use and/or misuse of the 

Subject Products by parents and 

caregivers. 

56. Upon information and belief, 

infants who are not adequately 

restrained in the Subject Products may 

move into compromised positions on 

the side or inside the seat well of the 

recliner, which can result in injury or 

death. 

57. Upon information and belief, 

when a Subject Product is used in a 

crib, an infant may be able to maneuver 

its head over the side of the Subject 

Product and become entrapped between 

the Subject Product and a bumper pad 

of a crib or the side of a crib, which can 

result in injury or death. 

58. The Subject Products contain a 

design defect because they fail to 

operate as intended and present a 

substantial risk of injury to the public. 

The Subject Products Are Defective 

Because Their Instructions and 

Warnings Are Inadequate 

59. A defect can occur in a product’s 

contents, construction, finish, 

packaging, warnings and/or 

instructions. 16 CFR § 1115.4. 

60. A defect can occur when 

reasonably foreseeable consumer use or 

misuse, based in part on the lack of 

adequate instructions and safety 

warnings, could result in injury, even 

where there are no reports of injury. 16 

CFR § 1115.4. 

61. Upon information and belief, from 

approximately January 2009 through 

July 2010, all of the Generation One and 

Generation Two models had a warning 

label that read as follows: ‘‘Safety 

guidelines to prevent injury or death: 

FALL HAZARD: ALWAYS use on the 

floor. This product should not be used 

inside a crib. NEVER place product on 

countertops, tables, steps or other 

elevated surfaces. SUFFOCATION 

HAZARD: NEVER use on soft or uneven 

surface (sofa, bed cushion), as seat may 

tip over and cause suffocation. NEVER 

use with blankets, towels, pillows, or 

other soft objects while child is in seat. 

Intended for infants 8 pounds or 3.6 

kilograms and above. NEVER leave 

child in the seat when straps are loose 

or undone. Adjust the straps provided 

so they fit snugly around the infant. 

NEVER move or carry unit while child 

is in seat. Not intended for carrying a 

baby.’’ 

62. Upon information and belief, this 

warning was printed in extremely small 

(approximately 6-point) font on the 

underside of the product, which would 

be placed on the floor or other surface 

and thus not visible to consumers 

during use. 

63. Upon information and belief, on 

or about April 17, 2010, a six-month-old 

girl died when she suffocated while 

using a Generation Two model of the 

Subject Products. Not secured in the 

harness, the infant was found with her 

face pressed between the Nap Nanny 

and the crib bumper. The medical 

examiner ruled the cause of death as 

probable positional asphyxia. 

64. Upon information and belief, on 

or about July 9, 2010, a four-month-old 

girl died when she suffocated between 

a Generation Two Nap Nanny and the 

bumper in her crib. Although the 

harness had been secured around the 

infant, it failed to adequately restrain 

her in the seat. She was found by her 

mother in the Nap Nanny, with the 

harness secured but with her head tilted 

back and her neck hyperextended. Her 

face was pressed against the bumper 

pad of her crib. The medical examiner 

ruled the cause of death as position/ 

compression asphyxia. 

65. On July 26, 2010, the Commission 

and the Respondent issued a joint press 

release announcing a recall of the 

Generation One and the Generation Two 

models of the Subject Products: Baby 

Matters Recalls Nap Nanny ® Recliners 

Due to Entrapment, Suffocation and 

Fall Hazards; One Infant Death 

Reported. 

66. Upon information and belief, on 

or about July 26, 2010, Respondent 

executed a corrective action plan in 

cooperation with the U.S. Consumer 

Product Safety Commission. As part of 

this corrective action plan, Respondent 

modified the warnings, instructions, 

and labeling on the Generation Two 

products that were in Respondent’s 

inventory at the time and on the Subject 

Products imported, sold, and distributed 

thereafter by Respondent. 

67. Upon information and belief, as 

part of the corrective action, Respondent 

relocated the warning label from the 

underside of the Generation Two model 

to the front of the Generation Two 

model, increased the font size of the 

warning, and changed the text of the 

warning label to read as follows: 

‘‘ALWAYS use on floor. NEVER use in 

crib. ALWAYS secure buckles on 

harness. NEVER use with infant under 

8 pounds (3.6 kilograms). When infant 

can sit up, do not use for sleep. 

Suffocation hazards:—Do not place 

inside crib, other contained areas, or on 

the floor next to other vertical surfaces 

(e.g., walls, dresser). An infant who 

leans over side can become entrapped 

between the product and another 

object.—Never use on soft surfaces (e.g., 

bed, sofa, cushion) where product can 

tip over and cause suffocation in soft 

surfaces.—Do not add blankets, towels, 

or other soft objects that can cover face. 

Fall hazards:—Never use on counter 

tops, tables or other elevated surfaces 

from which infant can fall.—Never carry 

product with infant in it.—ALWAYS 

secure infant snugly in harness or infant 

may turn sideways and fall. 

Strangulation hazards:—Head/neck can 

get caught in loosely fastened seatbelt if 

infant tries to get out of product.—Head/ 

neck can get caught in a fastened 

seatbelt not in use if active infant tries 

to climb in and out of product 

unassisted.’’ 

68. Upon information and belief, the 

change in warning did not address the 

Subject Products that had already been 

purchased by consumers or that 

remained in retailers’ inventory. 

69. Upon information and belief, for 

products already purchased by 

consumers or those that remained in 

retailers’ inventory, Respondent 

directed retailers with Generation Two 

products to place a sticker on the plastic 

bag covering the product. 

70. Upon information and belief, the 

sticker directed users to a website, 

www.napnanny.com/recall, which 

contained the revised warnings and 

instructions that were part of the recall 

and corrective action plan. 

71. Upon information and belief, at 

the time of the recall, Respondent knew 

of the July 9, 2010 fatality, one injury, 

and 21 other incidents resulting from 

the failure of the harness systems on the 

Generation One and the Generation Two 

to properly secure the infant. 

72. Upon information and belief, 

since the Chill was first introduced into 

commerce in January 2011, the warning 

label read as follows: ‘‘To avoid serious 

injury or death, read and follow the 

warnings and instructions provided 

below: ALWAYS use on floor. NEVER 

use in crib. ALWAYS secure buckles on 

harness. NEVER use with clothing or 

blankets that interfere with the use of 

the harness. Harness must always be 

snug against your child. NEVER use 

with infant under 8 pounds (3.6 

kilograms). When infant can sit up, do 

not use for sleep. For infants who 


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cannot sit up, use for sleep, feeding and 

play time. ALWAYS secure infant 

snugly in harness or infant may turn 

sideways and fall. Suffocation hazards— 

Do not place inside crib, other 

contained areas, or on the floor next to 

other vertical surfaces (e.g., walls, 

dresser). An infant who leans over side 

can become entrapped between the 

product and another object.—Never use 

on soft surface (e.g., bed, sofa, cushion) 

where product can tip over and cause 

suffocation in soft surfaces.—Do not add 

blankets, towels, or other soft objects 

that can cover face. Fall hazards—Never 

use on counter tops, tables, or other 

elevated surfaces from which infant can 

fall.—Never carry product with infant in 

it.—ALWAYS secure infant snugly in 

harness or infant may turn sideways and 

fall. Strangulation hazards—Head/neck 

can get caught in loosely fastened 

seatbelt if infant tries to get out of 

product.—Head/neck can get caught in 

a fastened seatbelt not in use if active 

infant tries to climb in and out of 

product unassisted.’’ 

73. Upon information and belief, 

subsequent to the July 2010 recall, and 

despite enhanced warnings and revised 

instructions on the Subject Products, 

parents and caregivers continue to use 

the Subject Products inside of cribs and 

other sleeping environments, contrary to 

the warnings on the Subject Products. 

74. Upon information and belief, 

subsequent to the July 2010 recall, and 

despite enhanced warnings and revised 

instructions on the Subject Products, 

parents and caregivers continue to use 

the Subject Products without using the 

harness or ensuring that the harness is 

firmly secured around the infant. 

75. Upon information and belief, 

since the July 2010 recall, at least three 

additional fatalities of infants using the 

Subject Products have been reported. 

76. Upon information and belief, one 

of those fatalities involved an infant 

sleeping in the Chill. 

77. Upon information and belief, over 

70 other incidents have been reported of 

children nearly falling out of the Subject 

Products. 

78. The warnings and instructions on 

the Subject Products are inadequate and 

defective because they do not and 

cannot effectively communicate to 

parents and caregivers the hazard 

associated with use of the Subject 

Products inside cribs and other sleep 

enclosures. 

79. The warnings and instructions on 

the Subject Products are inadequate and 

defective because they do not and 

cannot effectively communicate to 

parents and caregivers the hazard 

associated with the Subject Products if 

the harness is not used or is not snugly 

secured around the infant. 

80. Because the warnings and 

instructions on the Subject Products are 

inadequate and defective, parents will 

continue to use the Subject Products in 

cribs or other enclosures. 

81. Because the warnings and 

instructions on the Subject Products are 

inadequate and defective, parents will 

not use the harness provided or will not 

secure it snugly around the infant. 

82. Parents and caregivers cannot and 

do not appreciate the hazard associated 

with using the Subject Products in 

locations other than the floor, and it is 

thus foreseeable that they will use the 

Subject Products in cribs, play yards, or 

other enclosures. These uses can and do 

result in infant death and injury. 

83. Parents and caregivers cannot and 

do not appreciate the hazard associated 

with not using the harness or not 

securing the harness snugly, and it is 

foreseeable that they will use the 

Subject Products without securing the 

harness or without securing it snugly 

around the infant. These uses can and 

do result in infant death and injury. 

84. The warnings on the Subject 

Products are inadequate and defective 

because while they warn against use of 

the Subject Products in a crib and 

advise users to secure the infant with 

the three point harness, they do not 

convey the gravity of the consequences 

of non-compliance. Specifically, the 

warnings and instructions do not 

communicate that an infant can die if 

placed in a Subject Product used in a 

crib or other enclosure, or if the harness 

is not used or adequately secured. These 

uses can and do result in infant injury 

and death. 

85. In addition, the warnings and 

instructions on the Generation Two are 

inadequate and defective because they 

do not convey the importance of 

ensuring, before each use, that the 

VelcroTM tabs are attached to the ‘‘D’’- 

shaped rings embedded in the foam 

seat. The VelcroTM tabs can loosen with 

time and normal use of the Generation 

Two, allowing a child to extend his or 

her head over the side of the product or 

to fall down inside the well of the seat. 

It is not obvious to caregivers when 

these rings become loosened or 

unattached. 

86. The effectiveness of the warnings 

on the Subject Products is further 

diminished by the advertising and 

marketing of the Subject Products. 

87. Upon information and belief, in 

2009 and thereafter, Respondent 

advertised the Subject Products as sleep 

products. 

88. Upon information and belief, the 

advertisements encouraged consumers 

to use them for unattended, overnight 

sleep, advancing the tagline, 

‘‘Everybody Sleeps!’’ 

89. Upon information and belief, 

Respondent’s advertisements further 

encouraged consumers to use the 

Subject Products as a traditional sleep 

environment, contending that the 

product is, ‘‘Better than a bassinet, more 

effective than a wedge.’’ 

90. Upon information and belief, 

Respondent’s advertisements also 

promoted the Subject Products as a safe 

environment for infant sleep, by 

characterizing the Subject Products as, 

‘‘The only portable infant recliner 

designed for sleep, play—and peace of 

mind.’’ 

91. Upon information and belief, 

advertising for the Chill promotes the 

Chill as having ‘‘a 3-point safety harness 

anchored to the foam—no D-rings or 

loose cover to worry about—a contoured 

bucket for maximum containment and a 

large foam base for total stability.’’ 

92. Upon information and belief, that 

advertisement suggests that the Chill is 

safer than the Generation Two. 

93. Upon information and belief, 

Respondent’s retail partners advertised 

and marketed the Subject Products as a 

solution for babies with gastroesophageal reflux disease that have 

difficulty sleeping comfortably on flat 

surfaces. Respondents knew or should 

have known that its retail partners 

advertised and marketed the Subject 

Products in this manner. 

94. The advertising and marketing of 

the Subject Products conflict with the 

current warnings and instructions that 

the Subject Products should not be used 

for unattended overnight sleep. 

95. The advertising and marketing of 

the Subject Products conflict with the 

current warnings and instructions that 

the Subject Products not be used if the 

infant can sit up unaided. 

96. Because the advertising and 

marketing of the Subject Products 

conflict with the weight, age, and usage 

restrictions described on the label, the 

effectiveness of the warning label is 

diminished. 

97. Even if the warnings and 

instructions on the Subject Products 

were enhanced, and the attendant 

advertising were changed, it is 

foreseeable that parents and caregivers 

would continue to use the products in 

cribs, bassinettes, and other sleep 

environments. 

98. Parents and caregivers are likely to 

continue to use the Subject Products in 

enclosed spaces such as cribs in order 

to create a barrier to older siblings, pets, 

or pests in the home. 

99. Parents and caregivers are likely to 

continue to use the Subject Products in 


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cribs because cribs are traditionally 

viewed as safe sleeping environments. 

100. Because of the lack of adequate 

instructions and safety warnings, a 

substantial risk of death and injury 

occurs as a result of the foreseeable use 

and misuse of the Subject Products. 

The Type of the Risk of Injury Renders 

the Subject Products Defective 

101. The risk of injury associated with 

a product may render the product 

defective. 16 CFR § 1115.4. 

102. The nature of the risk of injury 

includes death if a child becomes 

trapped between the side of the Subject 

Products and the bumper pad or the 

side of a crib. 

103. The nature of the risk of injury 

also includes death if a child is not 

restrained in the seat of the Subject 

Products and suffocates on the interior 

wall or well of the seat. 

104. Infants, a vulnerable population 

protected by the CPSA and FHSA, are 

exposed to risk of injury by the Subject 

Products. 

105. The risk of injury associated with 

use of the Subject Products in a crib is 

neither obvious nor intuitive. 

106. The risk of injury associated with 

use of the Subject Products without the 

harness or without tightly securing the 

harness is neither obvious nor intuitive. 

107. Warnings and instructions 

cannot adequately mitigate the risk of 

injury and death associated with use of 

the Subject Products. 

108. Because Respondent promoted 

the use of the Subject Products for 

unsupervised, overnight sleep, use of 

the Subject Products in a crib or other 

enclosed areas is foreseeable. 

109. Use of the Subject Products 

without securing the harness around the 

infant is foreseeable. 

110. The type of the risk of injury 

renders the Subject Products defective. 

The Subject Products Create a 

Substantial Risk of Injury to the Public 

111. The Subject Products pose a risk 

of injury or death to infants who may, 

consistent with developmentally 

appropriate behavior, maneuver to 

compromised positions either within 

Subject Products or partially outside 

Subject Products used in cribs. 

112. Therefore, because the Subject 

Products are defective and create a 

substantial risk of injury, the Subject 

Products present a substantial product 

hazard within the meaning of Section 

15(a)(2) of the CPSA, 15 U.S.C. 

2064(a)(2). 

Count 2 

The Subject Products Are Intended for 

Use by Children and Contain Defects 

Which Create a Substantial Risk of 

Injury to Children Under Section 

15(c)(1) of the FHSA 

113. Paragraphs 1 through 112 are 

hereby realleged and incorporated by 

reference as though fully set forth 

herein. 

114. Upon information and belief, the 

Subject Products are an article intended 

for use by children as young as 

newborns. Respondent has marketed, 

and continues to promote, the Subject 

Products as appropriate for use by 

infants weighing eight pounds or more 

until the infant can sit up unassisted. 

115. The Subject Products contain a 

design defect that is present in all 

models of the Subject Products. 

116. The harness designs in the 

Generation One and the Generation Two 

are defective because each design fails 

to adequately restrain the infant user. 

117. The harness design in the 

Generation Two is also defective 

because the ‘‘D’’-shaped ring in the foam 

base must be secured after the cover is 

changed, and can also become loose 

with regular use of the product. 

Caregivers are not informed adequately 

of the importance of securing the 

harness straps to the ‘‘D’’-shaped rings 

embedded in the foam seat base and 

may use the product without securing 

the ‘‘D’’-shaped rings or ensuring that 

they are adequately tightened before 

each use. 

118. The harness design in the Chill 

is defective because the double-threaded 

buckles inhibit a caregiver’s ability to 

secure the harness around the infant 

user, thereby reducing the effectiveness 

of the harness and the likelihood of use 

of the harness by the caregiver. 

119. Upon information and belief, 

Respondent has distributed over 

150,000 Subject Products into U.S. 

commerce and the Chill continues to be 

available for purchase through 

Respondent’s retail partners. 

120. Upon information and belief, the 

severity of the risk associated with use 

of all of the Subject Products is 

extremely high, as five infants have died 

while using the Subject Products. 

121. The Subject Products contain a 

defect, which creates a substantial risk 

of injury to children because of the 

pattern of defect, the number of such 

defective articles distributed in 

commerce and the severity of the risk 

within the meaning of Section 15(c)(1) 

of the FHSA, 15 U.S.C. § 1274(c)(1). 

Relief Sought 

Wherefore, in the public interest, 

Complaint Counsel requests that the 

Commission: 

A. Determine that the Subject 

Products present a ‘‘substantial product 

hazard’’ within the meaning of Section 

15(a)(2) of the CPSA, 15 U.S.C. 

2064(a)(2), and/or present a ‘‘substantial 

product hazard’’ within the meaning of 

Section 15(a)(1) of the CPSA, 15 U.S.C. 

2064(a)(1). 

B. Determine that the Subject 

Products contain a defect, which creates 

a substantial risk of injury to children 

because of the pattern of defect, the 

number of such articles distributed in 

commerce, the severity of the risk, or 

otherwise, within the meaning of 

Section 15(c)(1) of the FHSA, 15 U.S.C. 

1274(c)(1). 

C. Determine that extensive and 

effective public notification under 

Section 15(c) of the CPSA, 15 U.S.C. 

2064(c), is required to protect the public 

and children adequately from the 

substantial product hazard presented by 

the Subject Products, and order 

Respondent under Section 15(c) of the 

CPSA, 15 U.S.C. 2064(c) to: 

(1) Cease any remaining distribution 

of the product to other distributors, 

wholesalers or retailers; 

(2) Notify all persons that transport, 

store, distribute or otherwise handle the 

Subject Products, or to whom such 

products have been transported, sold, 

distributed or otherwise handled, to 

immediately cease distribution of the 

Subject Products; 

(3) Notify appropriate state and local 

public health officials; 

(4) Give prompt public notice of the 

defects in the Subject Products, 

including the incidents and injuries 

associated with use of the Subject 

Products including posting clear and 

conspicuous notice on Respondent’s 

Web site, and providing notice to any 

third party Web site on which 

Respondent has placed the Subject 

Products for sale, and provide further 

announcements in languages other than 

English and on radio and television; 

(5) Mail notice to each distributor or 

retailer of the Subject Products; and 

(6) Mail notice to every person to 

whom the Subject Products were 

delivered or sold; 

D. Determine that extensive and 

effective public notification under 

Section 15(c)(1)(A) of the FHSA, 15 

U.S.C. 1274(c)(1), is required to protect 

the public and children adequately from 

the substantial product hazard 

presented by the Subject Products, and 

order Respondent under Section 15(c) of 

the FHSA, 15 U.S.C. 1274(c)(1)(A) to: 


tkelley on DSK3SPTVN1PROD with 
73626 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Notices 

(1) To give public notice that such 

defective toy or article contains a defect 

which creates a substantial risk of injury 

to children; 

(2) To mail such notice to each person 

who is a manufacturer, distributor, or 

dealer of such toy or article; and 

(3) To mail such notice to every 

person to whom the person giving 

notice knows such toy or article was 

delivered or sold. 

E. Determine that action under 

Section 15(d) of the CPSA, 15 U.S.C. 

2064(d) and Section 15(c)(2) of the 

FHSA, 15 U.S.C. 1274(c)(2), is in the 

public interest and additionally order 

Respondent to: 

(1) Refund consumers the purchase 

price of the Subject Products; 

(2) Make no charge to consumers and 

to reimburse consumers for any 

reasonable and foreseeable expenses 

incurred in availing themselves of any 

remedy provided under any 

Commission Order issued in this matter, 

as provided by Section 15 U.S.C. 

2064(e)(1) of the CPSA and Section 15 

U.S.C. 1274(d)(1) of the FHSA; 

(3) Reimburse retailers for expenses in 

connection with carrying out any 

Commission Order issued in this matter, 

including the costs of returns, refunds 

and/or replacements, as provided by 

Section 15(e)(2) of the CPSA, 15 U.S.C. 

2064(e)(2) and Section 15(d)(2) of the 

FHSA, 15 U.S.C. 1274(d)(2); 

(4) Submit a corrective action program 

satisfactory to the Commission, within 

ten (10) days of service of the Final 

Order, directing that actions specified in 

Paragraphs C(1) through (6) and D(1) 

through (3) above be taken in a timely 

manner; 

(5) To submit monthly reports, in a 

format satisfactory to the Commission, 

documenting the progress of the 

corrective action program; 

(6) For a period of five (5) years after 

issuance of the Final Order in this 

matter, to keep records of its actions 

taken to comply with Paragraphs C(1) 

through (6) and D(1) through (3) above, 

and supply these records to the 

Commission for the purpose of 

monitoring compliance with the Final 

Order; and 

(7) For a period of five (5) years after 

issuance of the Final Order in this 

matter, to notify the Commission at least 

sixty (60) days prior to any change in its 

business (such as incorporation, 

dissolution, assignment, sale, or petition 

for bankruptcy) that results in, or is 

intended to result in, the emergence of 

a successor corporation, going out of 

business, or any other change that might 

affect compliance obligations under a 

Final Order issued by the Commission 

in this matter. 

F. Order that Respondent shall take 

other and further actions as the 

Commission deems necessary to protect 

the public health and safety and to 

comply with the CPSA and FHSA. 

Issued By Order of the Commission: 

Dated this l day of December, 2012. lllllllllllllllllllll

BY: Marc Schoem 

Acting Assistant Executive Director for 

Compliance and Field Operations 

U.S. Consumer Product Safety 

Commission, Bethesda, MD 20814, 

Tel: (301) 504–7520. 

Mary B. Murphy, Assistant General 

Counsel, Division of Compliance, 

Office of General Counsel, U.S. 

Consumer Product Safety 

Commission, Bethesda, MD 20814, 

Tel: (301) 504–7809. 

lllllllllllllllllllll

Kelly Moore, Trial Attorney, Complaint 

Counsel, Division of Compliance, 

Office of the General Counsel, U.S. 

Consumer Product Safety 

Commission, Bethesda, MD 20814, 

Tel: (301) 504–7447. 

Certificate of Service 

I hereby certify that on December l, 

2012, I served the foregoing Complaint 

and List of Summary and Documentary 

Evidence upon all parties of record in 

these proceedings by hand-delivering 

and mailing, certified mail, postage 

prepaid, a copy to each at their 

principal place of business, and 

courtesy copy to counsel, as follows: 

Baby Matters LLC, 531 Winston Way, 

Berwyn, PA 19312. 

Raymond G. Mullady, Jr., BLANK 

ROME LLP, Watergate, 600 New 

Hampshire Avenue NW., 

Washington, DC 20037, Counsel for 

Baby Matters LLC. 

Mary B. Murphy, Complaint Counsel for 

U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2012–29760 Filed 12–10–12; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF EDUCATION 

[Docket No. ED–2012–ICCD–0030] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and approval; Comment Request; 

Student Assistance General 

Provisions—Non-Title IV Revenue 

Requirements (90/10) 

AGENCY: Department of Education (ED), 

Federal Student Aid (FSA). 

ACTION: Notice 

SUMMARY: In accordance with the 

Paperwork Reduction of 1995 (44 U.S.C. 

chapter 3501 et seq.), ED is proposing an 

extension of an existing information 

collection. 

DATES: Interested persons are invited to 

submit comments on or before January 

10, 2013. 

ADDRESSES: Comments submitted in 

response to this notice should be 

submitted electronically through the 

Federal eRulemaking Portal at http:// 

www.regulations.gov by selecting 

Docket ID number ED–2012–ICCD–0030 

or via postal mail, commercial delivery, 

or hand delivery. Please note that 

comments submitted by fax or email 

and those submitted after the comment 

period will not be accepted. Written 

requests for information or comments 

submitted by postal mail or delivery 

should be addressed to the Director of 

the Information Collection Clearance 

Division, U.S. Department of Education, 

400 Maryland Avenue SW, LBJ, Room 

2E105, Washington, DC 20202–4537. 

FOR FURTHER INFORMATION CONTACT: 

Electronically mail 

ICDocketMgr@ed.gov. Please do not 

send comments here. 

SUPPLEMENTARY INFORMATION: The 

Department of Education (ED), in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3506(c)(2)(A)), provides the general 

public and Federal agencies with an 

opportunity to comment on proposed, 

revised, and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. ED is 

soliciting comments on the proposed 

information collection request (ICR) that 

is described below. The Department of 

Education is especially interested in 

public comment addressing the 

following issues: (1) Is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. Please note 

that written comments received in 

response to this notice will be 

considered public records. 

Title of Collection: Student Assistance 

General Provisions—Non-Title IV 

Revenue Requirements (90/10). 

OMB Control Number: 1845–0096. 


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