If deaths are linked to a potentially hazardous product and the government knows about it, you'd think that information would always be made public.
Consumer Reports reveals surprising restrictions in the very law governing the agency that is supposed to protect us from dangerous products.
Evan and Keenan Overton lost their five month old son, Ezra, just a few days before Christmas in 2017. They blame their son’s death on the Fisher-Price Rock ‘n Play sleeper, which Ezra slept in that night.
“His face was, planted into the back of the seat, like into the monkey's face, I guess, of the rocker. And his feet were straight, standing into the dip of the seat. And um, when I picked him up, he- he felt like a doll," said Keenan Overton.
Ezra’s death isn’t an isolated incident. Initially, Consumer Reports identified at least 19 infant fatalities linked to the Rock ‘n Play Sleeper and similar products made by Kids II, in data collected by the Consumer Product Safety Commission, the government agency charged with protecting the public from dangerous products. Ultimately, Consumer Reports was able to uncover more than a dozen additional deaths through its investigation.
Yet the identities of the companies whose sleepers were linked to infant deaths were kept hidden from the public for years because of Section 6-B of the Consumer Product Safety Act.
“Section 6-B requires the CPSC, in most cases, to get permission from
manufacturers before releasing their names or any information that could reveal their identities, even when products are linked with injuries or fatalities," said Rachel Rabkin Peachman with Consumer Reports.
In 2016, Ikea recalled millions of its dressers, but only after seven deaths and dozens of injuries dating all the way back to 1989.
And more recently, it took Britax owned BOB Gear, seven years to finally offer consumers a potential fix to their jogging strollers, which had been linked to at least 97 injuries to children and adults. The company still hasn’t recalled the strollers.
In both of these cases, the CPSC knew about the problems with Ikea dressers and BOB strollers. -- All of this has led to Consumer Reports calling for the repeal of section 6-B.
“One of the critical next steps is for Congress to just simply eliminate this 6-B provision," said David Friedman with Consumer Reports.
When Fisher-Price recalled its Rock ‘n Play Sleeper, it said: “With these actions, we want parents around the world to know that safety will always be a cornerstone of our mission, we are committed to these values, and will continue to prioritize the health, safety and well-being of the infants and preschoolers who utilize our products.”
Kids II’s response to the infant deaths associated with their sleeper, a spokesperson said, “Each of these deaths are tragic and heartbreaking.” The company went on to say that the incidents were not a result of product malfunction or design.
Consumer Reports asked the CPSC what they are planning to do with the inclined infant sleeper category. They responded that they are “reassessing the product class and hazards associated with it.”