In early May 2024, the New Civil Liberties Alliance (NCLA) notified the U.S. Consumer Product Safety Commission (CPSC) that it intended to file suit against CPSC and CPSC Commissioner Richard Trumka for allegedly violating the constitutional and statutory rights of its client, Dreamland Baby Co. (“Dreamland”), by making disparaging statements about Dreamland’s products to the general public and retailers.
Dreamland manufactures baby and toddler sleep products, including weighted sleep sacks. According to Dreamland, the sleep sacks are designed to help babies fall asleep faster and stay asleep longer by evenly distributing weight across their bodies. Dreamland has reportedly been working with the American Society for Testing and Materials and other industry members to develop a voluntary safety standard for wearable blankets and swaddles that would cover Dreamland’s products.
Commissioner Trumka sought to create a mandatory standard to address possible risks associated with weighted infant sleep products. He wanted CPSC to update all safe sleep messaging and guidance to incorporate recent advice from the Centers for Disease Control and Prevention and National Institutes of Health on such products. The CPSC has never enacted a federal ban on weighted sleep products, and it rejected Commissioner Trumka’s proposal in a 3-1 vote in November 2023. In voting against Commissioner Trumka’s amendment, CPSC Chairman Alexander Hoehn-Saric explained that he did not believe CPSC staff had yet conducted the necessary research to be in a position to draft a proposed rule in 2024.
On April 15, 2024, Commissioner Trumka issued a statement titled “Beware: Weighted Infant Swaddles and Blankets are Unsafe for Sleep; Retailers Should Consider Stopping Sales,” and sent letters to multiple retailers of wearable blankets and swaddles. NCLA contends these statements disparaged wearable weighted blankets and swaddles and blamed such products for causing infant deaths. According to NCLA, several retailers stopped selling Dreamland’s products following Commissioner Trumka’s statements and letters, which Dreamland says has impacted its ability to continue operating. Dreamland alleges that major retailers stopped selling Dreamland’s products within days of receiving Commissioner Trumka’s letter.
NCLA announced its plans to sue CPSC on May 9, 2024, in a letter alleging that Commissioner Trumka “circumvented the CPSA’s carefully crafted processes by effectively orchestrating a stop sale of Dreamland’s lawful products.” In a press release dated May 9, 2024, NCLA added that Commissioner Trumka’s actions “disregard the Consumer Product Safety Act’s required rulemaking processes, preference for voluntary standards, and show impermissible bias against Dreamland.”
Dreamland, along with other manufacturers of weighted baby products, have defended their safety to consumers. Manufacturers like Nested Bean, another company that creates infant weighted sleepwear, have assured consumers that there is no investigation related to the company’s products, and there have been no fatalities linked to the products in question.
As of July 10, 2024, NCLA has yet to file suit against CPSC on behalf of Dreamland. As CPSC pushes to try to leverage the tools and authority at its disposal to continue its aggressive enforcement measures, this case, if litigated, will provide important clarification for consumer product manufacturers and retailers about the scope of CPSC’s authority. We will continue to monitor the case and provide ongoing updates.
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