Baby Products Company Knowingly Sold ‘Unsafe’ Booster Seat, Class Action Lawsuit Claims

A company that makes car seats for babies and toddlers is facing a nationwide class action lawsuit alleging it sold booster seats for small children despite knowing they were unsafe.

In a proposed class action lawsuit filed Friday in the Central District of California, plaintiffs Sandra Oceguera and Mohammad Wafai allege they both bought booster seats for their children from Baby Trend, Inc. believing they were safe for kids as light as 30 pounds due to the seats’ packaging.

However, the lawsuit alleges Baby Trend has known for more than 20 years that booster seats are not safe for children under 40 pounds and under four years old. 

“Nevertheless, [the company], in fierce competition with other rivals in the market, sought to increase its sales and market share by falsely claiming parents can safely transition their children from child restraint seats to Booster Seats once they reach 30 pounds, even though scientific and crash test evidence proves that to be extremely risky and unsafe,” the lawsuit said.

The National Highway Traffic Safety Administration has long warned against using booster seats for children weighing less than 40 pounds, saying it can endanger those children, the class action lawsuit contends.

A 2009 report on the issue found that parents should use seats that have an internal five-point harness until their child reaches forty pounds. 

The NHTSA issued another warning in 2010 reiterating that “early graduation from child restraint seats to booster seats may also present safety risks,” the lawsuit said. 

If Baby Trend had truthfully disclosed and reported that the safe weight range of its booster seats was above 40 pounds, the lawsuit stated, virtually no parent would purchase the products for a child weighing less than that.

Instead, the company embarked on a “disinformation campaign” to convince millions of parents that its booster seats were safe for 30 pound kids, generating profits for itself while endangering children, the lawsuit alleged.

“By continuously repeating these false representations, and failing to disclose that the Booster Seats were inherently unsafe for children who weighed less than 40 pounds, [Baby Trend] exposed children to great risk of injury and death and otherwise engaged in a continuing wrong sufficient to render inapplicable any statute of limitations that [Baby Trend] might seek to apply.” 

Baby Trend is a California-based company founded in 1988. According to the lawsuit, it is one of the leading manufacturers and marketers of baby products, including the booster seats.

The manufacturer sells its products through national retailers such as Walmart and Target, online at Amazon, and its own website.

Despite many booster seat manufacturers stating their seats are side-impact tested and safe for children who weigh less than 40 pounds, a congressional subcommittee recently took serious issue with both claims. Read more about the concerns here. 

The lawsuit is seeking to represent a nationwide Class of anyone who has bought a Baby Trend booster seat stating it was safe for children weighing 30 pounds. It is also seeking to represent a California subclass.

The class action lawsuit is seeking to sue the company under common law fraud, contract law, and for negligent misrepresentation, false advertising and violation of the Consumer Legal Remedies Act, as well as under California unfair competition law.

Have you purchased a booster seat from Baby Trends or another manufacturer? Let us know the comment section below.

Oceguera and Wafai are seeking certification for the class action and a jury trial, plus damages, restitution, interest and attorneys fees.

The plaintiffs are represented by Christopher L. Rudd of The Rudd Law Firm.

The Baby Trend Booster Seat Class Action Lawsuit is Sandra Oceguera and Mohammad Wafai, et. al. v. Baby Trend, Inc., Case No. 5:21-cv-00398, in the United States District Court Central District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

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• Do You Qualify: Booster Seat False Safety Tests Class Action Investigation
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