Fisher-Price Rock ‘N Play Mold Growth Class Action Lawsuit

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Consumers who claim Mattel Inc. designed a defective baby seat that is prone to mold growth have asked a California federal judge to certify the class action lawsuit.

Because infants are vulnerable and require a significant amount of care, consumers spend billions of dollars each year on baby products that are marketed as safe and comfortable for infants. According to the class action lawsuit, Mattel and Fisher-Price Inc. “capitalized on consumers’ desire for such products by selling a bassinet-like seat that Defendants misrepresent is a ‘perfect solution for … Sleep & play,’ and a ‘perfect solution for … Easy care,’ in which newborns will feel ‘calm and secure.’”

The plaintiffs claim that the Mattel and Fisher-Price knew that that Rock ‘N Play had a design flaw since 2010. Specifically, they claim that the design does not allow for adequate ventilation around the seat, making the product conducive to dangerous mold growth. According to the class action lawsuit, mold “is linked with serious respiratory illnesses and inflammatory problems in infants and recent long-term studies have suggested that infants exposed to environmental mold are nearly three times as likely to develop asthma by age seven.”

More than 600 consumer complaints alleging mold had developed between the Rock ‘N Play’s removable cushion and plastic frame were reported to the Consumer Product Safety Commission before it was recalled in January 2013. At the time, 16 complaints included reports of infants becoming sick from the mold. At least one couple sued Fisher-Price Corp., alleging their son was hospitalized for respiratory problems after being exposed to the mold that allegedly developed on his Rock ‘N Play seat.

The latest class action lawsuit alleges that Mattel and Fisher-Price marketed the Rock ‘N Play as a “safe” place for infants to spend significant periods of time but failed to warn consumers that the sleeper was prone to mold growth. The plaintiffs allege that the defendants failed to test the product for mold growth or humidity resistance prior to releasing it on the market, even though they were aware that the seat would be regularly exposed to moisture and warmth — conditions that encourage mold growth.

“Within seven months of the Rock ‘N Play’s release, concerned consumers began to call Defendants to complain that their Rock ‘N Plays were ‘moldy’ and, in many instances, that their infants were having respiratory problems they attributed to the mold,” the class action lawsuit says.

The plaintiffs allege that the defendants only ran tests for mold after hundreds of consumers complained that their babies became sick from mold. Further, the plaintiffs allege that even after the defendants were aware of the problem, they did not take timely action to either fix the defect or warn consumers about the risks.

According to the class action lawsuit, the defendants issued a recall of the Rock ‘N Play on Jan. 8, 2013. However, the plaintiffs claim that this recall is inadequate because it “consists solely of a 16 page booklet of cleaning instructions downloadable from the Internet, instructing owners to inspect the product for visible mold and, if mold is seen, undertake an onerous cleaning process that will cause damage to the product.”

The plaintiffs seek to certify a nationwide class of people who acquired a Fisher-Price Rock ‘N Play Sleeper that was sold prior to Jan. 8, 2013. The plaintiffs also seek to certify three subclasses of California, Pennsylvania and Maryland residents who purchased the Rock ‘N Play prior to Jan. 8, 2013.

The plaintiffs are represented by John R. Parker and C. Brooks Cutter of Kershaw Cutter & Ratinoff LLP; Steven A. Schwartz, Timothy N. Mathews and Christina Donato Saler of Chimcles & Tikellis LLP; Thomas D. Mauriello of Mauriello Law Firm APC and James C. Shaw of Shepherd Finkelman Miller & Shah LLP.

The Fisher-Price Rock ‘N Play Mold Growth Class Action Lawsuit is Butler v. Mattel Inc., et al., Case No. 2:13-cv-00306, in the U.S. District Court for the Central District of California.

UPDATE: A federal judge denied certification to the Fisher-Price Rock ‘N Play class action lawsuit on Feb. 20, 2014, ruling that not enough Class Members were affected by the moldy defect.