The Consumer Products Safety Commission is fed up with the Nap Nanny.
Three models of the infant recliners — Nap Nanny Generations One and Two, and the Chill — are being recalled voluntarily by some of the nation's biggest retailers, including Amazon.com and Buy Buy Baby. Consumers can get refunds or credit toward another purchase.
The consumer agency says the recliners "contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to infants."
Usually, a manufacturer makes the recall move. In this case, the CPSC says Baby Matters LLC, maker of the products, "is unable or unwilling to participate in the recall."
Back in 2010, the CPSC and Baby Matters jointly announced a recall that offered a coupon to people who owned the Generation One recliner for a discount toward the purchase of a newer model. The CPSC said then that it knew of one death and 22 reports of problems with kids hanging out of or falling out of the seats.
Despite warnings and clearer instructions, the CPSC said more deaths were reported. There were 70 reports of kids falling out of the seats.
In early December, the staff at the CPSC pursued an administrative judgment against Baby Matters, claiming its products are defective and should be pulled from the market to prevent injuries and deaths.
"We believe it is a hazardous product and we are concerned about the safety of the children that are in there," Consumer Product Safety Commission spokesman Alex Flip told ABC News at the time.
Leslie Gudel, founder and owner of the company, contested the commission's claims:
Recently the CPSC filed an administrative complaint against our company seeking legal authority to stop the sale of all Nap Nanny recliners on the theory that the Nap Nanny is a hazardous product. We do not believe the complaint has merit and stand behind the safety of our product when used as instructed.
The company's dispute with the CPSC drove the company out of business, Gudel wrote.
We contacted Gudel for a response on the latest issue but haven't received one.
Update 5:25 p.m.: Nap Nanny's Gudel emailed a response to Shots:
Baby Matters is disappointed to hear that four retailers have chosen to voluntarily recall the Nap Nanny. As I've said before, the loss of an infant is an unthinkable tragedy, and I am truly heartbroken for the families who have lost a child. But when the Nap Nanny has been used properly, no infant has ever suffered an injury requiring medical attention. The Nap Nanny still benefits thousands of children and families and we continue to stand behind the product 100%.
The CPSC's decision to join with retailers to recall the product is simply an end-run around its attempt to force a recall on Baby Matters in court --an effort we are vigorously resisting. We look forward to presenting our case before a judge who will hear all of the facts. Until then, we thank our loyal customers for their continued support.