A woman who purchased baby crib bumpers has filed a putative class action in a California federal court alleging violations of consumer-fraud laws and claiming that the company falsely advertises the products as safe when properly installed, despite risks of injury and death posed by these products. Vizcarra v. Carter’s Inc., No. 3:2012cv02847 (U.S. Dist. Ct., S.D. Cal., filed November 28, 2012). While the plaintiff does not apparently allege that her child suffered any injury from use of the crib bumpers, she claims that they are not safe and that the warnings included with the product are inadequate. According to the complaint, “manufacturers and distributors of crib bumpers, including defendants, perpetuate the falsehood that crib bumpers eliminate risk of injury or death in the crib environment. The opposite is true: crib bumpers are themselves a hazard, totally superfluous and unneeded— and at best, worthless.”
She reportedly seeks restitution, disgorgement, damages for consumer law violations and unfair competition, as well as an order requiring the defendant to issue corrective advertising. See Courthouse News Service, November 30, 2012. Information about a ban imposed on these types of products in Maryland appears in the November 29, 2012, issue of this Report.