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TJX recalled infant sleep bags in size 0-6 months sold under ten brand names including First Wish and First Wish Organic because neck openings are too large, allowing infants’ heads to slip into and be covered by sleep bags, posing suffocation risk. [1] No injuries were reported at the time of recall announcement. [1]
Oversized Neck Opening Design Flaw
The recalled sleep bags’ neck openings exceed safe dimensions for infants under six months. When openings are too large, babies’ heads can slip downward through the neck hole into the internal cavity of the sleep bag during normal movements.
Once inside, fabric covers the infant’s face blocking airways. Trapped inside oversized sleep bags, infants cannot maneuver their heads back through neck openings to access breathable air.
First Wish Recalled Models
First Wish brand sleep bags in four style numbers are recalled: CL00824, CL00889, CL00911. First Wish Organic sleep bags in three style numbers are recalled: CL00981, CL00985, CL01099.
Style numbers appear on labels on inside side seams behind care labels. Brand names and “0-6 months” sizing print on two separate labels at the back of the neck.
Multi-Brand Recall Scope
TJX recalled sleep bags under ten brands: Dylan & Abby, First Wish, First Wish Organic, Harry & Me, Little Red Caboose, Piper & Posie, Sam & Jo, Sam & Jo Organic, Shabby Chic, and Willow Blossom. Thirty-eight total style numbers across all brands were recalled.
Sleep bags zip up the middle or to the front side. Designs include animals, dinosaur bones, splatter paint, circus, construction, cars, florals, clouds, robots, stars, dino dudes, monsters, and firetrucks.
Distribution Network
TJX sold the sleep bags at T.J. Maxx and Marshalls stores nationwide and online at tjmaxx.com, marshalls.com, and sierra.com between April 2018 and February 2021 for approximately $20. An additional 33,250 units were sold in Canada.
Sleep bags were manufactured in China and India. TJX Companies Inc. of Framingham, Massachusetts imported and distributed the products.
Head Entrapment Mechanism
Infants placed in sleep bags with oversized neck openings can wiggle downward during sleep. As babies move, their heads pass through the enlarged neck holes into the main body compartment of the sleep bags.
The fabric envelops their heads from all sides, pressing against faces and blocking noses and mouths. Unable to push fabric away or reposition themselves, infants suffocate as oxygen depletes inside the enclosed space.
Remedy Program Details
Consumers should stop using recalled sleep bags and contact TJX for refund or store gift card options. Online purchasers contact TJX at ecommercecustomerservice@tjx.com or 833-888-0776 (9 a.m. to 6 p.m. ET, Monday-Friday).
Store purchasers contact customerservice@tjx.com or 800-926-6299 (same hours). Consumers can also access contact information at tjmaxx.com, marshalls.com, or sierra.com by clicking “Contact Us.”
Design and Testing Failures
TJX’s neck opening defect affecting all 3,600 U.S. units demonstrates systematic design failures. Manufacturers must verify infant products meet anthropometric specifications ensuring neck openings fit properly sized for target age ranges.
Testing protocols require measuring neck opening diameters against infant head circumference data. TJX failed to conduct or properly interpret sizing tests before importing thousands of defective sleep bags.
Manufacturing Quality Control Breakdowns
The identical neck opening defect appearing across ten different brands and 38 style numbers indicates failures in manufacturing quality control at facilities in China and India. Quality assurance programs should verify critical safety dimensions including neck openings match design specifications.
No evidence suggests TJX implemented dimensional inspection procedures to catch oversized neck openings before products reached consumers. Three years of distribution without detection shows absence of effective quality monitoring.
Strict Liability for Defective Design
Sleep bags with neck openings too large for their designated age range are defectively designed. Products containing design defects creating unreasonable dangers trigger strict liability regardless of manufacturer’s care or intent.
TJX faces liability for selling sleep bags marketed for 0-6 month infants with neck openings dimensionally inappropriate for that age group. The defect renders products unreasonably dangerous for their intended use.
Negligence Claims
TJX breached its duty to design safe infant sleep products by failing to properly size neck openings for 0-6 month babies. The company also breached duties to test products before distribution and inspect manufacturing output for dimensional compliance.
Distributing 3,600 defective sleep bags over three years without detecting the pervasive sizing problem demonstrates negligent quality control. Reasonable care requires catching systematic defects affecting entire product lines.
Failure to Warn
TJX sold sleep bags labeled for 0-6 months without warnings that neck openings exceeded safe dimensions for that age range. Manufacturers knowing products contain defects must warn consumers or immediately recall products.
The three-year distribution period before May 2021 recall suggests TJX either failed to discover the obvious design flaw or delayed recall after discovering it. Either scenario supports failure to warn claims.
Personal Injury Damages
Infants who suffered oxygen deprivation, breathing difficulties, or close-call incidents in recalled First Wish sleep bags may recover damages for emergency medical care, hospitalization, neurological monitoring, and developmental assessment. Parents may claim emotional distress damages from discovering their babies in distress.
Wrongful Death Claims
Families of infants who died from suffocation in recalled First Wish sleep bags can pursue wrongful death litigation for funeral expenses, loss of companionship, grief, and punitive damages. Infant deaths from design defects warrant substantial compensation.
Consumer Fraud
Purchasers who paid $20 for sleep bags marketed as safe for 0-6 month infants but received defectively designed products with dangerous neck openings suffered economic harm. Consumer protection statutes provide remedies for selling mislabeled or defective products.
Breach of Warranty
TJX breached implied warranties of merchantability by selling sleep bags unfit for their ordinary purpose as safe infant sleepwear. Products with neck openings too large for their labeled age range fail to meet basic safety standards buyers reasonably expect.
Contact an Attorney
If your infant was injured using a recalled First Wish or First Wish Organic sleep bag, contact a product liability attorney. Preserve the sleep bag with style number label, brand label, packaging, receipts, and medical records.
References
1. https://www.cpsc.gov/Recalls/2021/TJX-Recalls-Infant-Sleep-Bags-Due-to-Suffocation-Risk-Sold-at-T-J-Maxx-Marshalls-and-Sierra