In an effort to prevent children from suffering further harm, the U.S. Consumer Product Safety Commission (CPSC) has filed an administrative complaint against Baby Matters, LLC, the manufacturer of Nap Nanny and Nap Nanny Chill infant recliners.

The Nap Nanny is a portable infant recliner designed for sleeping, resting and playing. The recliner includes a shaped foam base with an inclined indentation for the baby to sit and a fitted fabric cover with a three point harness.

The complaint alleges that the Nap Nanny Generation One and Two, and Chill model infant recliners contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to infants. The complaint seeks an order requiring that the firm notify the public of the defect and offer consumers a full refund.

CPSC is aware of four infants who died in Nap Nanny Generation Two recliners and a fifth death involved the Chill model.

To date, CPSC has received more than 70 additional incident reports of children nearly falling out of the product. CPSC alleges that the products create a substantial risk of injury to the public.

CPSC made the decision to file the administrative complaint against Baby Matters after discussions with the company and its representatives failed to result in an adequate voluntary recall plan that would address the hazard posed by use of the product in a crib or without the harness straps being securely fastened.

In July 2010, CPSC and Baby Matters issued a joint recall news release to announce an $80 coupon to Generation One owners toward the purchase of a newer model and improved instructions and warnings to consumers who owned the Generation Two model of Nap Nanny recliners.

At that time, CPSC was aware of one death that had occurred in a Nap Nanny recliner and 22 reports of infants hanging or falling out over the side of the Nap Nanny even though most of the infants had been placed in the harness. Subsequently, despite the improvements to the warnings and instructions, additional injuries and deaths have occurred.

5,000 Nap Nanny Generation One and 50,000 Generation Two models were sold between 2009 and early 2012. 100,000 Chill models have been sold since January 2011.