Hatch class action lawsuit overview:
- Who: Plaintiff Kristin Ellsworth filed a class action lawsuit against Hatch Baby Inc.
- Why: Ellsworth claims Hatch Baby failed to disclose its infant sound machines pose a risk of hearing loss.
- Where: The Hatch class action lawsuit was filed in California federal court.
A new class action lawsuit alleges Hatch Baby knew its infant sound machines posed a risk of hearing loss in children but failed to disclose the potential danger.
Plaintiff Kristin Ellsworth claims Hatch Baby’s infant sound machines — including its Hatch Go product — exceed the threshold decibel limit and inappropriately promote usage in close proximity to children’s ears.
Ellsworth argues Hatch Baby failed to inform consumers that its Hatch sound machines do not meet scientific, medical or industry guidance and regulatory standards for infant auditory exposure limits.
The plaintiff wants to represent a nationwide class and California class of consumers who purchased Hatch Baby’s infant sound machines for personal use and not for resale.
Hatch Baby allegedly marketed infant sound machines without disclosing hearing risks
Ellsworth claims Hatch Baby knew its infant sound machines posed a hearing loss risk but continued to market and advertise them without disclosing the risk to maintain sales and profits.
She alleges that Hatch knew about these risks, pointing to a Jan. 19, 2024, blog post in which the company referenced a 2023 American Academy of Pediatrics warning about sound exposure but reassured consumers that the warning did not mean sound machines were inherently unsafe.
The class action lawsuit further alleges that federal law requires Hatch to assess its sound machines for potential risks, meaning the company either identified or should have been aware of the alleged dangers through that process.
The plaintiff claims Hatch’s material omissions misled reasonable consumers, who would not have purchased the infant sound machines or paid the prices they did had they known the products posed a risk of hearing loss to their children.
Ellsworth is suing for breach of contract, breach of implied and express warranties and violation of California’s Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law.
She demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, exemplary and statutory damages for herself and all class members.
Meanwhile, parents filed a class action lawsuit against Baby Brezza and The Betesh Group over claims the Baby Brezza Formula Maker inaccurately dispenses baby formula.
Have you ever purchased a Hatch Baby infant sound machine? Let us know in the comments.
The plaintiff is represented by Thomas Wheeler of Tom Wheeler Law and Zachary Arbitman and George Donnelly of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig LLP.
The Hatch class action lawsuit is Ellsworth v. Hatch Baby Inc., Case No. 5:26-cv-12842, in the U.S. District Court for the Northern District of California.
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