Dreamland Baby, Nested Bean Lawsuit: Weighted Sleep Sacks, Swaddles Unsafe?

Attorneys working with ClassAction.org are looking into whether class action lawsuits can be filed against Dreamland Baby Co. and Nested Bean for potentially deceiving customers by advertising their weighted sleep sacks and swaddles as safe.

Experts including the American Academy of Pediatrics (AAP), National Institutes of Health (NIH), U.S. Centers for Disease Control and Prevention (CDC), and Consumer Product Safety Commission (CPSC) have each warned that weighted products—such as weighted sleep sacks, swaddles and blankets—are not safe for infants. According to an April 2024 statement from the CPSC commissioner, multiple infant deaths have occurred in weighted infant products, and evidence suggests that the use of these products on infants can lead to lower oxygen levels and even potential brain damage.

In light of these warnings, attorneys believe that Dreamland Baby Co. and Nested Bean may have misled consumers about the safety of their weighted sleep sacks and swaddles and failed to warn them about the possible health risks of using these products for babies. If so, it’s possible a class action lawsuit could be filed to help buyers get money back and potentially force the companies to change how their weighted baby products are advertised or sold.

Weighted Sleep Sacks, Blankets, Swaddles Raise Safety Concerns

The AAP, a non-profit organization of thousands of pediatricians and specialists, has been advising against the use of weighted sleep sacks, blankets and swaddles for infants since at least 2022, when it updated its safe sleep guidelines to warn that such products are unsafe and should not be placed on or near a sleeping infant. In June 2023, the group wrote to federal regulators to express concerns about the lack of evidence that weighted infant products are safe and effective and warning that they may contribute to an increased risk of Sudden Infant Death Syndrome (SIDS) by impairing babies’ ability to wake themselves up. According to the AAP, there is no evidence in peer-reviewed scientific literature evaluating the safety of weighted sleep products on healthy babies in an unmonitored setting—and some evidence suggests that they could decrease a baby’s oxygen saturation levels and harm brain development.

In July 2023, Consumer Reports wrote that according to medical experts, even the so-called “gentle pressure” applied by weighted infant products could obstruct babies’ breathing and make it more difficult for their hearts to beat properly. A weighted sleep product could also keep a baby from being able to shift out of an unsafe sleep position and may pose a risk of suffocation if it were to cover the baby’s mouth or nose, the publication wrote.

Consumer Reports also noted at the time that the CPSC’s public incident report database contained at least two reports of sleep-related deaths of infants who were wearing a weighted sleep sack or swaddle, though the babies had been placed in infant loungers that are also considered to be unsafe. According to a local news investigation, a more recent analysis of CPSC data shows that at least eight babies have died while wearing weighted sleep products.

In April 2024, retailers including Target, Walmart, Nordstrom and Babylist agreed to stop selling weighted baby blankets, sleep sacks and swaddles after CPSC Commissioner Richard Trumka sent them letters warning of the products’ potential dangers.

That same month, Amazon also announced a new policy banning the sale of weighted infant sleep products “in the interest of safety.” The mega retailer said in a statement to Consumer Reports that it updated its policy “with customer safety in mind,” in light of guidance from federal agencies and the American Academy of Pediatrics (AAP).

Also in April, Senator Richard Blumenthal wrote a letter asking the Federal Trade Commission to investigate Dreamland Baby Co. and Nested Bean for deceptive advertising. Senator Blumenthal expressed concern that the companies’ marketing materials claim their products have been “rigorously tested” and meet certain safety standards when no safety standards currently exist for weighted sleep products for infants. The letter also stated that Dreamland Baby Co. fails to mention on its website that the CPSC, NIH, CDC and AAP “do not currently consider their products safe for infants.” Similarly, Nested Bean's website expressly and repeatedly represents that the company's weighted sleep products are safe while failing to acknowledge the lack of accepted safety standards for such products, the letter states.

Consumer Complaints About Potential Safety Risks

Parents and caregivers who have purchased Dreamland Baby Co. and Nested Bean weighted sleep sacks and swaddles have complained to the Better Business Bureau (BBB) and on Reddit about the products’ potential safety risks and the companies’ advertising.

Below are some of the complaints posted online (note that the BBB censors certain organization and brand names in their user reviews) [sic throughout]:

After I got one Dreamland sleep sack Ad, I stumbled upon people talking about how it's not safe and now I get so many ads from that company and I'm so annoyed. Like yeah apparently some mom invented it and she finally got to sleep. But not everyones babies are the same. I'm worried that these kinds of products get so shoved in our throats but there's no safety! I was one of those people wanting to buy one cause I thought it would help my baby sleep faster and longer but I'm glad I didn't. They should really reconsider having them available before any deaths occur - that's what I'm afraid of. No one should have to lose their baby thinking they were helping them and I hope that doesn't ever happen.”
— Fragrant_Dinner_2762, Reddit.com

My daughter died wearing her Nested Bean Zen Sleep Sack on 03/18/2022. I think that evidence is pretty straightforward.
— voluntaryombudswoman, Reddit.com

I purchased 2 dreamland baby co infant weighted sleepsacks on a BOGO deal, and after I purchased I did some online research and realized that the **** does not approve weighted sleep sacks for children under 3. I believe that the advertising of this company is solely based on "parents getting better sleep because their children are finally sleeping" and doesn't mention the issues that the **** has with weighted sleep sacks. Amazon is an authorized reseller and is now sending an email to all who have purchased their products in the past encouraging them to not use them due to the **** safety standards not being met. This seems like a clear violation of safety standards for infants. I think the business should put a disclaimer on their website related to this at the very least. I would like a refund but I'm more concerned for safety issues at this point.”
— 04/30/2024 Better Business Bureau complaint, BBB.org

On 11/19/23 I purchased two weighted sleep sacks for a total cost of $92 which were final sale, however the company claims their products are safe. Upon research after my purchase I found out the weighted sleep sacks sold by this company are not safe. The **************** of Pediatrics says placing weight on babies while theyre sleeping poses an alarming and potentially fatal risk. None of the studies posted by this company actually examine infants with weighted sleep sacks overnight. Not only are the lack of accurate studies concerning, but I believe this company is not posting all reviews they receive. I wrote a one-star review with my concerns on safety and it was never posted. Not one review mentions the safety of these products, yet every single advertisement Ive seen on ******** has people in the comments discussing how unsafe the products are. For the reasons listed above, I believe they should not only not be selling these, but they should provide refunds for safety concerns. I also believe their review and advertising process should be examined.”
— 01/22/2024 Better Business Bureau complaint, BBB.org

How Could a Class Action Lawsuit Help?

If filed and successful, a class action lawsuit may be able to help customers get back money they spent on the weighted sleep sacks and swaddles. A lawsuit could also force Dreamland Baby Co. and Nested Bean to issue a recall or change their advertising for the affected products.

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