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CPSC Commissioner Richard Trumka issued a statement on November 9, 2022 warning that it is unsafe for babies to sleep in a DockATot Deluxe+ and urging parents to immediately discontinue its use. [1] The CPSC issued DockATot a Notice of Violation informing the company that its product, when manufactured on or after June 23, 2022, violates the Infant Sleep Products Rule and may not be imported, distributed, or sold in the United States. [1]
Infant Sleep Products Rule Violations
The Infant Sleep Products Rule went into effect on June 23, 2022, requiring products marketed or intended for infant sleep to meet strict federal safety standards. The DockATot Deluxe+ Dock violates multiple requirements: it lacks a stand, fails to meet stability requirements, and has sides shorter than 7.5 inches.
Non-inclined infant sleep products such as baby boxes, in-bed sleepers, baby nests and pods, compact/travel bassinets, and infant tents must conform to safety standards for bassinets and cradles. The DockATot’s pillow-like design with padded sides violates these safety requirements and creates deadly suffocation hazards.
Reported Infant Deaths
At least five babies died in incidents involving DockATot loungers between 2020 and 2022 according to SaferProducts.gov reports. A 6-month-old girl was found unresponsive and died from apparent suffocation after being placed to sleep in a DockATot on a hard floor while swaddled.
A 2-month-old infant died from positional asphyxia when a DockATot was placed inside a Pack ‘n Play where the child had been placed to sleep. A 1-month-old boy died after a DockATot was used as a sleep surface, with no additional details provided in the incident report.
Suffocation Hazards
The DockATot’s padded sides pose an asphyxiation risk when babies’ faces sink into the soft surface. The American Academy of Pediatrics advises against soft and plush sleep surfaces due to suffocation dangers, recommending that infants be placed on their backs on separate, flat, firm sleep surfaces without bumpers, loose bedding, or stuffed toys.
Babies can suffocate in DockATot loungers through multiple mechanisms: rolling over and pressing their faces into padded sides, turning their heads to the side and getting stuck against fabric, or slouching forward into positions that inhibit breathing. Even swaddled infants who cannot yet roll over can suffocate if they turn their heads and press against the DockATot’s soft sides.
Positional Asphyxia Risks
Research from Boise State University highlighted suffocation hazards of infant pillow products due to positional asphyxia, which occurs when an infant’s body position prevents normal breathing. The study also identified dangers from CO2 rebreathing when babies turn their heads into padded walls and rebreathe their exhaled air, causing oxygen levels to drop.
No Formal Recall Issued
The CPSC issued a Notice of Violation but has not formally recalled DockATot products. DockATot claims it voluntarily ceased manufacturing Deluxe+ Docks for the U.S. market and chose not to sell units manufactured after June 23, 2022, but the CPSC stated the company continued importing products in violation of the new rule.
Consumer advocacy groups including Kids In Danger and Consumer Federation of America called on DockATot and the CPSC to immediately recall all hazardous infant loungers regardless of manufacture date. The groups believe no infant lounger should be allowed for sale due to suffocation hazards and urged removal of all units from homes.
Company Response
DockATot disagreed with the CPSC’s Notice of Violation and claimed it felt misrepresented by the agency’s statements. The company noted the Deluxe+ has not been recalled nor has a stop sale been issued, and stated it would continue working with the CPSC in good faith to resolve concerns.
DockATot changed its packaging in 2020 to state that Deluxe+ docks are not intended for sleep, though acknowledged babies often fall asleep in them. The company advised that parents should always supervise babies while in the dock and move sleeping infants to safer sleep environments like cribs.
Legal Claims
Strict products liability claims allege DockATot manufactured and sold defective infant loungers with padded sides and insufficient height that create unreasonable suffocation dangers. Design defect claims assert the pillow-like construction with soft, raised sides allows babies’ faces to sink into fabric, blocking airways and causing asphyxiation.
Failure to warn claims allege DockATot inadequately warned consumers about suffocation risks despite knowing about infant deaths since at least 2020. Negligence claims assert the company breached its duty to design safe infant products and continued selling dangerous loungers after the Infant Sleep Products Rule took effect.
Wrongful Death Claims
Families of infants who died from suffocation or positional asphyxia in DockATot loungers may pursue wrongful death claims for funeral expenses, loss of companionship, emotional devastation, and punitive damages. Product liability law requires all infant products to be safe for their intended and expected use, including situations where babies fall asleep despite warnings.
Safe Sleep Standards
The American Academy of Pediatrics recommends the “ABCs of Safe Sleep”: Alone, on their Backs, in a Crib. Infants should sleep on firm, flat surfaces in cribs, bassinets, or play yards that meet federal safety standards, with only fitted sheets and no pillows, blankets, bumpers, or other soft objects.
Contact an Attorney
If your infant was injured or died while using a DockATot Deluxe+ lounger, contact a product liability attorney immediately. Preserve the product, purchase receipts, medical records, autopsy reports, and document all communications with DockATot regarding the incident.
References
1. https://www.cpsc.gov/About-CPSC/Commissioner/Richard-Trumka/Statement/Dockatot-Deluxe-is-Unsafe-for-Sleep-CPSC-Issues-Notice-of-Violation
2. https://www.corywatson.com/cases-we-handle/dockatot-infant-lounger-lawsuit/
3. https://consumerfed.org/press_release/consumer-watchdog-agency-warns-about-dockatot-infant-loungers/