Boppy Infant Recall Lawsuit | 2026 Latest Updates

The Boppy Company is recalling more than 3 million Boppy Newborn Loungers after at least 8 infants reportedly suffocated after being placed on their back, side or stomach, according to the U.S. Consumer Product Safety Commission (CPSC).
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Two Boppy products carry active U.S. safety recalls. The Newborn Lounger line was pulled from the market on September 23, 2021, and the Infant Head and Neck Support Accessory was recalled earlier, on July 23, 2019.

The lounger poses a suffocation risk when a baby rolls, shifts position, or ends up against soft bedding while unsupervised. The accessory’s cushioned head support can flatten and push an infant’s head forward, restricting breathing.

CPSC reinforced the Lounger recall’s warning most recently in mid-2023, and both recalls remain open today. Anyone with either product should stop using it right away and contact The Boppy Company for a refund.

Recall at a glance
  • Action type: Voluntary recall, in cooperation with CPSC
  • Announcement and initiation dates: Sept 23, 2021 (Loungers, reissued June 6, 2023); July 23, 2019 (Accessory)
  • Company and responsible agency: The Boppy Company and the CPSC
  • Recall or campaign number: 21-198 (Loungers); 19-171 (Accessory)
  • Affected models, lots, UPCs, serial numbers, or VINs: Loungers: all colors/styles, UPC/Date Code on the care label. Accessory: model 4150114 or 4150117 on the back label
  • Number of affected units: About 3.3 million Loungers (US), 34,941 in Canada; about 14,000 Accessories
  • Sold at and sale period: Loungers: Target, Walmart, Pottery Barn Kids, Amazon; 2004-2021, $30-$44. Accessory: Target, Buy Buy Baby, Amazon; 2019, about $20
  • Hazard: Suffocation from rolling or improper positioning (Lounger); overstuffed head support tilting an infant’s head forward (Accessory)
  • Reported incidents, injuries, illnesses, and deaths: 10 Lounger deaths (8 disclosed 2021, 2 more disclosed 2023); 3 Accessory head-forward reports, no injuries
  • Remedy: Refund – stop use, contact The Boppy Company

Latest Boppy Recall Updates

July 1, 2025: Tenth Circuit Affirms Dismissal of Class Action

The U.S. Court of Appeals for the Tenth Circuit affirmed on July 1, 2025 that Hudson, the lead plaintiff in the class action against The Boppy Company, lacked standing to sue [1].

The U.S. District Court for the District of Colorado had already dismissed her claims for failing to state one. Standing is a separate, jurisdictional question the appeals court had to resolve first.

June 6, 2023: CPSC Reissues Recall Warning After Two More Deaths

CPSC and The Boppy Company reissued the recall warning on June 6, 2023 [2]. Two more infant deaths, in October and November 2021, raised the confirmed total to 10 since the 2021 recall.

The agency also urged online marketplaces, including Facebook Marketplace, to stop selling the recalled Lounger. It has not been legal to sell since the September 2021 recall began.

September 23, 2021: CPSC Recalls 3.3 Million Newborn Loungers

CPSC and The Boppy Company recalled about 3.3 million Original, Preferred, and Pottery Barn Kids Newborn Loungers in the United States [3]. They also recalled 34,941 more in Canada, after 8 reported infant deaths.

The deaths occurred between December 2015 and June 2020. Infants reportedly suffocated after being placed on their back, side, or stomach and were later found in a different position on the lounger.

June 2, 2021: CPSC Approves New Infant Sleep Safety Standard

CPSC voted 3-1 on June 2, 2021 to approve a new federal mandatory safety standard for infant sleep products [4]. The standard sets a sleep-surface angle of 10 degrees or less, building on an existing ASTM voluntary standard.

The rule took effect in mid-2022. It applies to products such as inclined sleepers, travel bassinets, and in-bed sleepers not already covered by a CPSC sleep standard.

July 23, 2019: Boppy Recalls 14,000 Head and Neck Support Accessories

The Boppy Company recalled about 14,000 Infant Head and Neck Support Accessories (recall no. 19-171) on July 23, 2019 [5]. The action followed 3 reports of the head support pushing an infant’s head forward, chin to chest.

No injuries were reported. Consumers were told to stop using the accessory immediately and identify the model number from the fabric label.

Which Boppy Products Are Affected?

Two Boppy products have been recalled under separate CPSC actions, each identified a different way:

  • Boppy Original Newborn Lounger, Boppy Preferred Newborn Lounger, and Pottery Barn Kids Boppy Newborn Lounger – all colors and styles. Find the UPC/Item Number and Date Code on the care label [6].
  • Boppy Infant Head and Neck Support Accessory – Ebony Floral and Heathered Gray styles, model numbers 4150114 and 4150117. The model number is printed on the fabric label on the back of the head support.

The Lounger was sold nationwide at Pottery Barn Kids, Target, Walmart, and Amazon.com from January 2004 through September 2021, in a variety of colors and fashions.

The Head and Neck Support Accessory was sold at Target, Buy Buy Baby, and Amazon.com from March through May 2019. Consumers unsure which product they own should compare the identifiers above against the item in hand.

Why Was Boppy Recalled?

Boppy recalled the Newborn Lounger because a baby can suffocate while resting on it, shifting into a position that blocks breathing or rolling against soft bedding nearby.

The lounger was not designed or marketed as a sleep product, but babies were reportedly being placed on it to sleep. Boppy also recalled the Head and Neck Support Accessory separately.

The accessory’s padded head support can be overstuffed, tilting an infant’s head too far forward and posing a suffocation hazard. The accessory is meant for use only in swings, bouncers, and strollers.

CPSC’s 2021 approval of a new federal sleep-surface-angle standard reflects the same suffocation concern that drove the Lounger recall. It now covers new products entering the market.

Reported Incidents, Injuries, or Illnesses

CPSC has linked 10 infant deaths to the Newborn Lounger. Eight were reported at the September 2021 recall, occurring between December 2015 and June 2020.

Two more deaths were reported after the 2021 recall, one in October 2021 and one in November 2021. CPSC disclosed both when it reissued its warning on June 6, 2023.

One of the later deaths was attributed to positional asphyxia after an infant rolled under an adult pillow. The cause of the other death was not determined.

The Head and Neck Support Accessory has drawn three reports of an infant’s head being pushed forward, chin to chest, with no injuries reported.

These figures come from reports filed with the company and CPSC, not from a finding that every incident was caused by a defect.

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What Should Consumers Do?

Anyone with a recalled Boppy Newborn Lounger or Head and Neck Support Accessory should take the following steps:

  1. Stop using the Lounger or Accessory immediately.
  2. Find the product’s UPC or Item Number and Date Code on the care label (Lounger), or the model number, 4150114 or 4150117, on the fabric label (Accessory).
  3. Contact The Boppy Company for a refund. Call 800-416-1355 for the Lounger or 888-772-6779 for the Accessory. You may also email info@boppy.com, or visit boppy.com and click “Recall & Safety Alert.”
  4. Provide a copy of the purchase receipt if available, along with a photo showing the Lounger cut in half to make it unusable.
  5. Report any incident involving the product to CPSC at SaferProducts.gov.

Other Recalls, Warnings, or International Actions

Health Canada issued its own recall notice for the Lounger the same day as the U.S. action, covering 34,941 units, with no incidents reported in Canada [7].

Fisher-Price recalled about 4.7 million Rock ‘n Play Sleepers in April 2019. Kids II recalled about 694,000 rocking sleepers the same year, after Consumer Reports linked the category to dozens of deaths [8].

An NBC News investigation the same day counted at least 25 deaths linked to loungers from Boppy and other brands combined since 2015 [9]. That total spans multiple manufacturers rather than Boppy’s lounger alone.

In Hudson v. The Boppy Company, the Tenth Circuit ruled on July 1, 2025 that the lead plaintiff could not show standing to sue over the Lounger.

That same federal court in Colorado had already dismissed her complaint on a different ground: failure to state a claim. No multidistrict litigation has formed and no settlement has been reached.

Individual injury or wrongful-death claims over a Boppy product are a separate legal question the dismissed class action did not resolve. A recall does not automatically establish liability or eligibility for compensation.

Filing Deadlines

Deadlines for filing an individual injury or wrongful-death claim come from state law rather than the recall notice. They cover where the claimant lives and when the injury, illness, or death happened.

Missing that window can end a claim outright, even when the facts strongly support it. Anyone considering a claim over a Boppy product should speak with a lawyer promptly.

Frequently Asked Questions

Will Other Baby Loungers or Nursing Pillows Be Recalled?

Other baby loungers or nursing pillows could be recalled if they show the same suffocation risk. At least 50 infant deaths have been linked to inclined sleep products as a category. That is more than the incidents tied to Boppy’s own lounger, and additional recalls remain possible.

Is There a Boppy Recall Lawsuit I Can File?

There may be a Boppy recall lawsuit you can file over a Lounger death or injury, but it depends on the facts. The one class action filed over the lounger was dismissed for lack of standing rather than on the merits, so only a separate legal review can confirm that.

Is the Boppy Head and Neck Support the Same as the Boppy Lounger Recall?

The Boppy Head and Neck Support recall is not the same as the Boppy Lounger recall: they are two separate actions covering different products. The Newborn Lounger recall, CPSC no. 21-198, began September 23, 2021, while the Head and Neck Support Accessory recall, CPSC no. 19-171, began July 23, 2019.

What Do I Need to Submit a Boppy Refund Claim Online?

To submit a Boppy refund claim online, use Google Chrome and upload a photo of the destroyed product no larger than 10MB, in jpg, png, or tif format. The refund amount is pro-rated based on the information you provide.

Was the Boppy Lounger Ever Sold in Canada?

Yes, the Boppy Lounger was sold in Canada: about 34,941 units, covered by Health Canada’s own recall action. As of September 20, 2021, the company had received no reports of incidents or injuries there.

Did the Boppy Recall Lead to a Class Action Lawsuit?

Yes, the Boppy recall did lead to a class action lawsuit: Hudson v. The Boppy Company (No. 24-1322). The Tenth Circuit affirmed the dismissal for lack of standing, after a Colorado federal court had already dismissed the case for a different reason: failing to state a claim.

Is the Boppy Newborn Lounger Still Being Sold?

The Boppy Newborn Lounger is not still being sold: retailers have not been allowed to offer it since the recall, though resold units keep appearing online. CPSC has asked Meta to remove Facebook Marketplace listings for it about 1,000 times a month over the past year.

Does the New Federal Safety Standard Cover Products Like the Boppy Lounger?

Yes, the new standard covers products like the Boppy Lounger. It is based on ASTM International’s voluntary specification ASTM F3118-17a, which CPSC adopted as a mandatory rule with modifications making it more stringent.

References

  1. https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111258438.pdf
  2. https://www.cpsc.gov/Warnings/2023/CPSC-and-The-Boppy-Company-Urge-Consumers-to-Stop-Using-Recalled-Boppy-Newborn-Loungers-and-Urge-Online-Marketplaces-to-Stop-Selling-the-Recalled-Product-Two-Additional-Infant-Deaths-Reported-Shortly-After-2021-Recall
  3. https://www.cpsc.gov/Recalls/2021/The-Boppy-Company-Recalls-Over-3-Million-Original-Newborn-Loungers-Boppy-Preferred-Newborn-Loungers-and-Pottery-Barn-Kids-Boppy-Newborn-Loungers-After-8-Infant-Deaths-Suffocation-Risk
  4. https://www.cpsc.gov/Newsroom/News-Releases/2021/CPSC-Approves-Major-New-Federal-Safety-Standard-for-Infant-Sleep-Products
  5. https://www.cpsc.gov/Recalls/2019/The-Boppy-Company-Recalls-Infant-Head-and-Neck-Support-Accessories-Due-to-Suffocation-Hazard
  6. https://www.boppy.com/pages/product-recalls
  7. https://recalls-rappels.canada.ca/en/alert-recall/boppy-original-newborn-loungers-boppy-preferred-newborn-loungers-and-pottery-barn-kids
  8. https://www.consumerreports.org/babies-kids/child-safety/inclined-sleeper-deaths-rise-to-50-as-industry-continues-to-sell-the-products-a1264384204
  9. https://www.nbcnews.com/news/us-news/boppy-newborn-lounger-recalled-more-deaths-rcna86945

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