Two deaths trigger safety alert for Simplicity bassinet

Yesterday, after the deaths of two infants in Simplicity bassinets, the Consumer Product Safety Commission issued a press release "urging" parents to stop using Simplicity 3-in-1 and 4-in-1 convertible "close sleeper" models. When used in its bedside co-sleeper mode, it's possible that a caregiver may fail to reattach the Velcro on the fabric covering the metal bars of the frame resulting in a dangerous opening (see photo).  An infant can slip through the opening between the bars, become entrapped and strangle or suffocate. Despite the deaths, the move has been characterized as a "safety alert" and not a manufacturer's recall.

Today, the CPSC announced that six retailers have agreed to stop selling the Simplicity bassinets and will conduct their own recalls of 900,000 of the bassinets. The retailers are Wal-Mart, Kmart, Toys 'R' Us, Big Lots, J.C. Penney and Target and the many recalled model numbers can be found in the CPSC's most recent announcement.

The safety alert does not apply to Simplicty bassinets manufactured in recent months that have the fabric permanently attached to the lower metal bars in the frame.

The most recent death, on August 21, involved a six-month-old girl from Shawnee, Kansas who was strangled when she became entrapped between the bassinet's metal bars. But the CPSC knew of a similar death that had occurred almost a year ago, on Sept. 29 2007, involving a four-month-old girl from Noel, Missouri who also became entrapped and died. Yet the bassinet remained on the market. This begs the question of why a year went by without either a recall or a safety alert issued to the public.

The notice issued by the CPSC said the agency was taking the unusual action of putting out an alert because SFCA Inc., the holding company that purchased all of Simplicity Inc.'s assets at public auction in April 2008—but did not assume its liabilities—has refused to cooperate with the government and recall the bassinets. SFCA maintains that it is not responsible for products previously manufactured by Simplicity Inc. "The CPSC is continuing to seek all options with SFCA to ensure there is recourse for the consumer," said agency spokeswoman Julie Vallese. "However, this is a very complicated case and there is a question whether SFCA has legal liabilities for products manufactured by Simplicity." 

When asked why the CPSC had not taken action after the first reported death, Vallese didn't respond. She did say that the CPSC was able to act quickly after the second fatality because of new safety legislation recently signed into law.  "The authorities granted to the CPSC under the new federal legislation allowed them to promptly issue a safety warning when they learned of the second death related to this bassinet," said Vallese. "Under former law, they had a 30-day waiting period."  This case clearly illustrates the power of the new authority granted to the CPSC through the recent legislation, but it still exposes a glaring gap in the system when there is no company to take responsibility for recalling an unsafe product.  If there is no manufacturer to hold liable for a recall, we think the CPSC should demand that the retailers who sold this product issue their own recall. Today's announcement makes it clear that the CPSC was able to gain the cooperation of the six large retailers.

Simplicity apparently got into financial straits after the recall of one million of its cribs last fall by the CPSC. And that was not the first time its products had been taken off the market, according to a list on the company's Web site. When we tried to call the new owners we were referred to a public relations firm that specializes in corporate reputation management.  "It is important to understand that SFCA and Simplicity Inc. are completely distinct companies," Amanda Lahan said in an e-mailed statement. "The products in question were manufactured and distributed by Simplicity, Inc., a company that is no longer in business." 

According to the CPSC, the problem with the bassinet occurs when the Velcro fabric on the side that opens to convert it to a bedside sleeper, is not reattached.  The Juvenile Products Manufacturers Association (JPMA) has implied that this is misuse of the product.  Vallese, however, says that the CPSC considers that this is a "foreseeable misuse" and that products should not pose a hazard when misused in a foreseeable fashion.

The JPMA certified that this bassinet complies with industry standards.  However, there are currently no standards that cover this product when used in its co-sleeper mode. Jamie Schaefer-Wilson, author of CU's Guide to Childproofing and Safety, lobbied ASTM-International to develop a safety standard for co-sleepers.  CU is actively working with ASTM to develop a standard that would prevent tragedies such as the two deaths that occurred with these bassinets.

We strongly recommend that owners of Simplicity's 3-in-1 and 4-in-1 co-sleepers return them to the place of purchase and demand a refund. Take a copy of the CPSC notice with you. The CPSC also asks consumers to share this safety warning with day care centers, consignment stores, family and friends to ensure that no child is placed to sleep in a Simplicity convertible bassinet covered by this warning.

More on bassinet safety from Consumer Reports

• Crib alternatives
• Bassinets and cradles
• Bassinet and cradle safety
• Make sure your baby's bassinet is safe for sleeping
• Play yard safety roundup
• Sleep gear not to buy or use