Beautyrest Beginnings Incline Sleeper Lawsuit

Delta Enterprise Corp. is recalling about 5,900 Beautyrest Beginnings Incline Sleepers over concerns the sleepers may tip-over and fall with babies inside, presenting a suffocation hazard. The U.S. Consumer Products Safety Commission (CPSC) is aware of at least 73 infant deaths and more than 1,100 severe injuries associated with similarly designed incline sleepers.

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Table of contents
  1. Latest Beautyrest Beginnings Incline Sleeper Recall Updates
  2. August 8, 2023: CPSC Approves Final Rules Banning Inclined Sleepers
  3. November 12, 2022: The Federal Ban Takes Effect
  4. May 16, 2022: Safe Sleep for Babies Act Becomes Law
  5. January 29, 2020: Incline Sleeper Recall Announced
  6. Which Beautyrest Beginnings Incline Sleepers Are Affected?
  7. Why Were the Beautyrest Beginnings Incline Sleepers Recalled?
  8. Reported Incidents, Injuries, or Illnesses
  9. What Should Consumers Do?
  10. Legal Options
  11. Frequently Asked Questions
  12. What Counts as an Inclined Sleeper Under the Federal Rules?
  13. Can I Still Sell My Incline Sleeper?
  14. How Do I Report an Injury from an Inclined Sleeper?
  15. Where Should My Baby Sleep Instead of an Inclined Sleeper?
  16. When Can I Call Delta About My Refund?

The Beautyrest Beginnings Incline Sleeper was recalled on January 29, 2020. Infant deaths were reported with other makers’ inclined sleepers. The recall covers about 5,900 sleepers imported by Delta Enterprise Corp. The notice reports no incidents with these sleepers.

The recall is open, with a refund remedy. Stop using the sleeper and ask Delta for a cash refund or voucher. Federal law has also banned inclined sleepers for infants since November 12, 2022.

Delta sold the sleepers at juvenile product stores and mass merchandisers from January 2017 through December 2018 for between $42 and $51. No lawsuit, class action or MDL over this sleeper has been filed.

Latest Beautyrest Beginnings Incline Sleeper Recall Updates

August 8, 2023: CPSC Approves Final Rules Banning Inclined Sleepers

The U.S. Consumer Product Safety Commission (CPSC) voted 4 to 0 on final rules banning inclined sleepers and crib bumpers [1]. CBS News Philadelphia reported the vote on August 8, 2023 [2].

November 12, 2022: The Federal Ban Takes Effect

The federal ban on inclined sleepers for infants took effect on November 12, 2022. It makes the sale of these products unlawful.

CPSC reminded manufacturers and retailers on November 9, 2022 that the law applies to all products in the marketplace. This includes products made before the effective date [3].

May 16, 2022: Safe Sleep for Babies Act Becomes Law

The Safe Sleep for Babies Act (H.R.3182) became Public Law 117-126 [4]. It makes it unlawful to manufacture, sell, or distribute crib bumpers or inclined sleepers for infants.

January 29, 2020: Incline Sleeper Recall Announced

Delta and CPSC announced the recall of about 5,900 Beautyrest Beginnings and related inclined sleepers, under recall number 20-061 [5]. The notice told owners to stop using the sleepers and named Delta as the contact for the remedy.

Which Beautyrest Beginnings Incline Sleepers Are Affected?

The recall covers inclined sleepers with model numbers 27404-2255, 27404-437, 27404-758 and 27404-942, sold under these names and all imported by Delta Enterprise Corp.:

  • Beautyrest Beginnings Incline Sleeper with Adjustable Feeding Position for Newborns
  • Disney Baby Minnie Mouse Incline Sleeper with Adjustable Feeding Position for Newborns
  • Delta Children Deluxe 3-in-1 Activity Rocker, Feeder and Sleeper
  • Simmons Kids Beautyrest Deluxe 3-in-1 Activity Rocker, Feeder, and Sleeper
  • 3-in-1 Activity Rocker, Feeder and Incline Sleeper, and others

Why Were the Beautyrest Beginnings Incline Sleepers Recalled?

The Beautyrest Beginnings incline sleepers were recalled because infants rolled from their back to their stomach or side, or died under other circumstances, in other makers’ inclined sleepers.

The CPSC notice titles the recall “to Prevent Risk of Suffocation.” The hazard comes from other makers’ products. The notice reports no incidents with the Delta sleepers.

Reported Incidents, Injuries, or Illnesses

The CPSC notice lists no incidents or injuries for the Beautyrest Beginnings Incline Sleeper. The fatalities it mentions involve inclined sleepers made by other manufacturers.

Reports about other products are not proof that these sleepers caused harm. If your child was hurt while using one of these sleepers, you can report it to CPSC.

What Should Consumers Do?

If you own one of these sleepers, follow the steps in the CPSC notice:

  1. Stop using the inclined sleeper immediately.
  2. Check the label and frame for one of the four recalled model numbers.
  3. Contact Delta online at www.deltachildren.com, using the “Recall Center” link, or call 1-800-377-3777.
  4. Ask Delta for the cash refund or voucher the recall offers.
  5. Report any problem getting the remedy to CPSC through its recall complaint form.

No court case, class action or MDL names Delta over this sleeper. A recall or ban does not automatically prove liability or eligibility.

Schmidt & Clark reviews injury and death claims from inclined sleepers one at a time. Deadlines to file come from state law. Talk to a lawyer soon.

Frequently Asked Questions

What Counts as an Inclined Sleeper Under the Federal Rules?

An inclined sleeper counts under the federal rules when it has an inclined sleep surface greater than ten degrees. CPSC defines it as a product intended, marketed or designed to provide sleeping accommodations for an infant up to 1 year old.

Can I Still Sell My Incline Sleeper?

You cannot sell an inclined sleeper for infants, because the Safe Sleep for Babies Act prohibits their sale. CPSC says it also bars their manufacture for sale, distribution and importation into the United States.

How Do I Report an Injury from an Inclined Sleeper?

You can report an injury from an inclined sleeper at SaferProducts.gov or through the CPSC Hotline at 800-638-2772. Reporting an injury is separate from asking Delta for a refund.

Where Should My Baby Sleep Instead of an Inclined Sleeper?

Instead of an inclined sleeper, your baby should sleep on a firm, flat surface in a crib, bassinet or play yard, CPSC says. Place the baby on the back with a fitted sheet only. Move an infant who falls asleep inclined.

When Can I Call Delta About My Refund?

Delta takes refund calls from 9 a.m. to 6 p.m. ET, Monday through Friday. Delta also runs a Recall Center on its website for recall requests.

References
  1. https://www.cpsc.gov/Newsroom/News-Releases/2023/CPSC-Approves-Rules-Implementing-Bans-on-Inclined-Sleepers-for-Infants-and-Crib-Bumpers
  2. https://www.cbsnews.com/philadelphia/news/new-rules-approved-by-cpsc-including-bans-on-inclined-sleepers-crib-bumpers-for-infants/
  3. https://www.cpsc.gov/Newsroom/News-Releases/2023/CPSC-Tells-Manufacturers-Importers-Distributors-and-Retailers-They-Must-Protect-Infants-by-Complying-with-Infant-Sleep-Product-Rule
  4. https://www.congress.gov/bill/117th-congress/house-bill/3182
  5. https://www.cpsc.gov/Recalls/2020/Delta-Enterprise-Corp-Recalls-Incline-Sleeper-with-Adjustable-Feeding-Position-for-Newborns-to-Prevent-Risk-of-Suffocation