Nested Bean Lawsuit Says Death Risk Not Disclosed for Weighted Swaddles, Sleep Sacks

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action lawsuit alleges Nested Bean, Inc. has failed to warn consumers that its weighted swaddles and sleep sacks for babies could cause oxygen reduction, suffocation or death.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.

The 77-page Nested Bean lawsuit stresses that the “overwhelming consensus” among pediatricians and baby product safety experts is that weighted sleep sacks and swaddles pose a life-threatening risk to newborns and infants.

In truth, the baby products can reduce oxygen saturation levels in infants, which may harm brain development; cause suffocation; and/or suppress or impede arousal responses, which may lead to Sudden Infant Death Syndrome(SIDS), the lawsuit states, noting that even gentle pressure on a baby’s rib cage can cause breathing obstruction.

Related Reading: Nested Bean Lawsuit – Weighted Sleep Sacks, Swaddles

The proposed class action, filed on June 7, 2024, accuses Nested Bean of choosing to “make millions at the expense of putting hundreds of thousands of babies’ lives at risk” by misleadingly touting the weighted sleep sacks and swaddles as providing a “[b]etter sleep in 1-3 nights,” and able to calm a baby all night, “like your hand on a baby’s chest,” among other claims.

Ultimately, consumers would not have paid the premium charged by Nested Bean for its weighted sleep sacks and swaddles—specifically the Nested Bean Zen Neo, Zen Swaddle, Zen One, Zen Sack, Zen Bodysuit and Zen Footie—had they known the products could cause suffocation and/or death, the complaint argues.

Related Reading: Dreamland Baby Lawsuit

The case specifies that weighted sleep products such as those made by Nested Bean can make it more difficult for babies to breathe or for their hearts to beat properly, which could inhibit brain development. Moreover, the products’ weight could prevent babies from getting themselves out of unsafe sleeping positions, including by rolling onto their backs or moving the sleepwear should it cover their mouth or nose. Further, the Nested Bean products at issue pose a risk in that a baby could fall into a deep sleep and be unable to develop the protective systems to be able to startle themselves awake and restabilize their systems, a key part of development, the suit relays.

According to the lawsuit, SIDS is the leading cause of death for babies between one month and one year old. To mitigate the risk of SIDS, the American Academy of Pediatrics (AAP) recommends that babies sleep on their backs.

In a letter to retailers, the Consumer Product Safety Commission (CPSC) emphasizes that, based on recommendations from public health agencies, pediatricians, and safe sleep proponents, weighted infant products are not safe to use during sleep, as multiple infant deaths have involved weighted sleepwear, the filing highlights.

Related Reading: Philips Avent Dr. Brown's Lawsuit

The case charges that Nested Bean has a federally mandated duty to disclose the risks associated with its weighted sleep products.

The Nested Bean lawsuit looks to cover all United States residents who, within the applicable statute of limitations period, bought any of the Nested Bean sleepwear listed on this page for purposes other than resale.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.