Consumer

WASHINGTON (CBS4) ― The U.S. Consumer Product Safety Commission has issued a first of its' kind national safety alert about a product that has already killed 2 children, but the company that bought the rights to the name of the importer refuses to recall it.

Melissa Brotherton chokes back tears as she remembers her niece, Kennedy Jones. "She was perfect, she was just absolutely perfect. She was never unhappy, she never cried she always had a smile on her face always." Six-month old Kennedy died August 21st after her family thought the Shawnee, Kansas infant was safely asleep.

Brotheron told KMBC Television's Marcus Moore of Kansas City that her family remembers the night very well. "My sister said they checked on her 3 times during a one hour period. The third time is when they found her."

The family says the infant died after getting her head caught in her "Simplicity, 4-in-1 Bassinet" railing. They don't understand why the company that imported it from China isn't recalling it. Last fall, 4-month old Katelyn Simon, a Missouri infant was also strangled in her "Simplicity Bassinet" when she became entrapped in the metal bars and died, according to the U.S. Consumer Product Safety Commission.

The CPSC says through February, 900,000 "Simplicity 4-in-1 Bassinets" were sold nationwide at a number of retailers including Wal-Mart.

The agency says the original importer went out of business and reports the new company, SFCA Inc., told them it's not responsible for recalling products it didn't make. The bassinets at the center of the recall contain metal bars spaced farther apart than 2 3/8 inches, which is the maximum distance allowed under the federal crib safety standard.

The metal bars are covered by an adjustable fabric flap which is attached by velcro. The fabric is folded down when the bassinet is converted into a bed-side co-sleeping position. If the velcro is not properly re-secured when the flap is adjusted, an infant can slip through the opening and become entrapped in the metal bars and suffocate.

This warning does not cover bassinets produced in recent months that have fabric permanently attached over the lower bar.

Thursday afternoon, CBS 4 Consumer Investigator Al Sunshine found a "Simplicity 4-in-1 Bassinet" for sale at the Wal-Mart in Florida City.

Sunshine found the store had no information for customers about the warning and he believes it was impossible for shoppers to know if it was an older, dangerous design or a newer, safer one that was still on the stores' shelves.

Sunshine found the new importer advises customers to check the manufacturing date on the bottom of the mattress. The company advises the older model, it doesn't import, carries a date prior to February 2008.

The model Sunshine found at the Florida City Wal-Mart carried a 05-08 date and is apparently one of the new, improved models not subject to the CPSC warning.

The CPSC is now warning parents and daycare centers not to place any infants inside a "Simplicity 4 in 1 Bassinet" until they have checked out the date to make sure it's a new, safer model.

Melissa Brotherton says her family still can't believe how little Kennedy died and adds "We are going to miss her like you would not believe. It feels like a dream, like a nightmare that won't go away."

As a result of the 2 deaths and the warning from the CPSC, Wal-Mart and six other retailers are now voluntarily recalling the older, "Simplicity 4-in-1 Bassinets."

If you have a recalled model, retailers have agreed to provide a refund or store credit to consumers who return the product to the store where it was purchased. Parents and care-givers also need to look out for them inside daycare centers and at neighborhood yard sales.

For more information, check back with the store where the product was purchased.

The new importer says its product is safe and meets all current U.S. safety standards.

Below is a listing of Simplicity 3-in-1 and 4-in-1 Convertible "Close-Sleeper" model bassinets that are included in this recall. The model number can be found on a label on the underside of the bassinet.

Recalled Model Numbers:
 
3000CL   3112DOH6   3011WHE   9250A   3016LAU   3046GTM
3010BIJ   3112DOH7   3011WHK   3012SOM  3016MIR 3046HAN
3010HAV 3122BAN    3012BIJ    5750SAR   3017NCB   3047MON
3010NGS   3122TGC   3012OXF   3012TGT   3020SFB   3050LIL
3010TGT   3010BIJC   3012SFD   3013PRO   3025BER   3050SAR
3010WHE   343-8363   3040SAR   9250B   3025C   3060GFS
3040LAU   343-8399   3040SPR   3014LOL   3026CRT   3060TFS
TD2500   3045FEL   3050SWT   3014NGS   3027MIS 8393
3040WDS   3111DPC   3060BTL   3015GFR   3030SAR   3040SPRC
3045DRM   3012LLTC   3112BDY   3070MAN   3040CLA   3040LAC
3111ZOL  3050SWTC   3045OXFC   3112DOH   5730FKB   3045DRMC

Statement from SFCA, Inc., on retail recall of Simplicity 4-1 Bassinet

On August 27, 2008 the Consumer Product Safety Commission (CPSC) issued a product alert regarding convertible "close-sleeper/bedside sleeper" bassinets manufactured by Simplicity, Inc., a company that ceased operations in March 2008. On August 28, CPSC announced that several major retailers voluntarily agreed to recall the Simplicity, Inc. product and provide a refund or store credit to consumers who return the product to the store where it was purchased.

The initial CPSC alert did not include model numbers of the products, causing confusion for consumers. SFCA, Inc. wants all consumers to be aware of which model numbers are subject to the CPSC alert so that products can be checked and action taken if necessary.

SFCA, Inc.'s number one priority is always the safety of children. The CPSC product alert does not involve any product manufactured by SFCA, Inc. The CPSC alert does not include bassinets that have fabric permanently attached over the lower bar - the source of the concern with the Simplicity, Inc. bassinet if not covered properly. All SFCA-manufactured bassinets come with a fabric channel which is permanently attached over the lower bar of the frame and all SFCA products meet or exceed ASTM standards and CPSC guidelines.

SFCA and Simplicity Inc. are completely distinct companies, and the products in question were manufactured by Simplicity, Inc. SFCA purchased Simplicity, Inc.'s assets at a public auction in April 2008 after Simplicity, Inc. defaulted on a loan. As a result of the default, a foreclosure sale of Simplicity's assets began and a public auction was held at which SFCA, Inc. was the highest bidder, acquiring Simplicity's assets free of liens, claims and encumbrances. A court order subsequently recognized that SFCA does not have any liability for products produced or sold by Simplicity, Inc. prior to the foreclosure.

In addition to omitting specific model numbers of the bassinets in question, the initial CPSC press release mischaracterized SFCA's ongoing cooperation with the agency. SFCA has and will continue to cooperate with the CPSC despite the fact that SFCA has no liability for any products manufactured or distributed by Simplicity, Inc.

SFCA would like to assure its customers that all SFCA manufactured bassinets are safe and can continue to be used. We again encourage consumers to check the model numbers on the CPSC press release for those products manufactured by Simplicity, Inc. that are subject to the alert.

For additional information on the CPSC product alert regarding the Simplicity, Inc. products, consumers should contact CPSC directly at (800) 638-2772.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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