On June 14, 2019, Kantrowitz, Goldhamer & Graifman, P.C. filed a class action against the toy company, Fisher-Price, Inc. and its corporate parent company, Mattel, Inc. The allegations include violations of the Magnuson-Moss Warranty Act, breach of implied warranty and merchantability, negligent misrepresentation, consumer fraud and other claims, arising out of the aggressive marketing tactics used by Fisher-Price to sell its Rock ‘n Play Sleeper, a product known by Defendants to be unsafe for infants. Fisher-Price and Mattel’s representations to consumers stated that the Rock ‘n Play was a safe product “designed for all-night sleep”. The Complaint alleges that this contradicted the North American Society for Pediatric Gastroenterology, Hepatology and Nutrition’s warnings about the dangers of an inclined infant and took advantage of millions of consumers’ unsuspecting trust of the advertised product’s distributors, Fisher-Price and Mattel.
Fisher-Price and Mattel’s fraudulent representations of the product’s safety, combined with unwary consumer trust placed in the toy companies, helped Fisher-Price sell over 4 million Rock ‘n Play Sleepers. There have been at least 32 reported deaths from 2009 to present of infants caused by the product, leading to a product recall which the Complaint alleges is insufficient to compensate owners. The suit seeks economic damages based on the cost of replacement and statutory damages. At least 12 lawsuits for wrongful death are also pending.
If you have been affected by a Rock ‘n Play Sleeper or wish to speak with an attorney about your comments or concerns, please feel free to contact Gary S. Graifman at (845) 356-2570, [email protected], 747 Chestnut Ridge Road, Suite 200, Chestnut Ridge, New York 10977 or 210 Summit Avenue, Montvale, New Jersey 07645.