Ingenuity Bassinet Lawsuit Says ‘Unstable’ Dream & Grow, Dream Hero Sleepers Pose Suffocation, Death Risk

A proposed class action lawsuit alleges the “defective” design of the Ingenuity Dream & Grow Bedside Bassinet and Ingenuity Dream Hero Starlight 3-in-1 Co-Sleeping Bassinet sold by Kids2 leaves the infant products dangerously unstable and creates a risk of suffocation and death.

The 52-page bassinet lawsuit relays that the Consumer Product Safety Commission (CPSC) is aware of at least five infant deaths since 2019 linked to bassinets with the problematic “cantilevered” design. The case, citing reports submitted to the CPSC’s public database, says that a four-month-old boy who died in August 2019 and a one-month-old girl who died in January 2022 were both put down to sleep on their back in an Ingenuity Dream & Grow Bedside Bassinet before later being found on their stomach, apparently due to the bassinet's design.

According to the false advertising suit, Atlanta-based manufacturer Kids2 has actively concealed from the public that its Ingenuity Dream & Grow Bedside Bassinet and Ingenuity Dream Hero Starlight 3-in-1 Co-Sleeping Bassinet are unreasonably dangerous in light of the risk that an infant placed inside either product to sleep can roll to one side of the bassinet, or even onto their stomach, and potentially suffocate. If consumers had known the truth about the bassinets, they would not have bought the products, or at least would have paid less for them, the complaint says.

“Defendant’s labels and marketing claims deceive parents of young children by making them believe the Products are safe for use as baby bassinets without revealing that the Products, by virtue of their design, cannot maintain a level surface and that the included surface poses a significant risk of suffocation,” the proposed class action lawsuit alleges.

To date, the case says, Kids2 has declined to redesign or recall the Ingenuity bassinets and continues to market and sell the “entirely worthless” products without disclosing at the point of sale that they are dangerous.

“In so doing, Defendant places the blame and burden on parents for purchasing its dangerous Products instead of shouldering any responsibility for the defect whatsoever,” the case scathes. “In other words, Defendant is actively concealing the safety defect.”

Ingenuity bassinets’ design is inherently dangerous for infants, suit says

A cantilever is a rigid structural element that extends horizontally and is supported at only one end, the suit explains. This design in bassinets has been recognized within the child products industry and by the CPSC as “problematic and dangerous” given that it might cause an infant to roll and end up in a dangerous and deadly position, the filing emphasizes.

According to the complaint, roughly 3,500 babies die suddenly in their sleep each year, with many of those deaths believed to stem from unsafe sleep environments. Guidance from the American Academy of Pediatrics says that infants should always sleep on their backs on a firm, flat surface, the lawsuit notes.

The Ingenuity bassinets at issue, by virtue of their design, cannot maintain a completely flat surface, creating a suffocation risk for infants, the lawsuit says. Crucially, the risk of Sudden Infant Death Syndrome (SIDS) increases exponentially should an infant sleep on their stomach or side, the complaint relays.

“Defendant consciously chose to market their Products in a way that concealed all of this information from consumers,” the suit charges.

In addition to the two infant deaths reported to the CPSC involving the Ingenuity bassinets, there have been “at least seven close calls” published in the agency’s database that did not result in injuries, the lawsuit continues.

For example, a September 2019 incident report stated: ‘I placed my baby in it according to directions, she was only 2 weeks old at the time . . . I woke up a few hours later to her face-down in the side corner of the bassinet. She does not have the ability to roll yet (she’s still way too young AND a preemie!), so it’s not possible that she rolled there on her own. I believe the bassinet bottom tilted and she shifted her weight and that caused her to roll to the side, with her face shoved into the corner. I believe we’re lucky that she didn’t suffocate.’ The parent also included a photo, with a teddy bear demonstrating the position that the baby was found in.”

Bassinet maker is aware products are unsafe and unusable, lawsuit claims

In the last four years, Kids2 has received upward of 100 negative reviews on its own website and those of retailers such as Walmart and Target about the tilting issue with its Ingenuity Dream & Grow Bedside Bassinet, the case says. The sheer volume of poor reviews and incident reports to the CPSC indicate that Kids2 has been aware of the bassinet defect and resultant injury risk since at least 2018, the suit alleges.

Not only does the number of complaints over the course of several years demonstrate that Defendant was on notice of the safety defect, but the substance of the complaints shows that consumers were surprised, frustrated, and disappointed with the poor quality of the Products, and would not have purchased the Products had the defect been disclosed.”

Notably, the large volume of negative reviews about the Ingenuity bassinets overwhelmingly point to “the exact same defect,” the complaint adds. The foregoing, coupled with Kids2’s own testing of the bassinets, reveals that the company has known about yet done nothing to remedy the design defect, the case accuses.

“On information and belief, Defendant discovered this safety risk during testing both before and after publicly releasing the products for sale, but made a business decision not to take action, including redesigning and recalling the Products,” the filing alleges.

Who’s covered by the Ingenuity bassinet lawsuit?

The lawsuit looks to cover all consumers in the United States who bought the Ingenuity Dream & Grow Bedside Bassinet or Ingenuity Dream Hero Starlight 3-in-1 Co-Sleeping Bassinet for personal use and not for resale during the applicable statute of limitations period.

I own one of these bassinets. How do I sign up?

There’s usually nothing you need to do to join, sign up for, or add your name to a new class action lawsuit when it’s first filed. It’s typically only if there’s a class action settlement that the people covered by the case, the “class members,” would need to act. This often involves filling out and filing a claim form online or by mail.

ClassAction.org will update this page with any developments in the case, so be sure to check back often.

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