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Baby Trend Protect Yumi Booster Seats Deceptive Advertising Class Action

This class action brings suit against Baby Trend, Inc. for two of its booster seats for children. The complaint alleges that the company falsely advertises its Baby Trend Protect Yumi 2-in-1 Booster Seat and Protect Yumi Folding High Back Booster Seat as being safe for children as young as three years old and as light as thirty pounds.

The National Class for this action is all persons in the US who bought a Baby Trend booster seat, from the beginning of any applicable limitations period through the date of class certification in this case. A California Subclass has been proposed for people in California.

The complaint alleges that Baby Trend’s booster seats are not safe as advertised: “[T]he National Highway Traffic Safety Administration (‘NHTSA’) has long warned against using any booster seat for any child weighing less than forth (40) pounds, noting that such use can endanger those children.” Instead, it advised parents to use seats that restrain the child with a five-point harness, until the child has reached at least forty pounds.

The complaint refers to a 2009 study that found that the “primary reasons for injuries to children restrained at the time of motor vehicle crashes” included “premature graduation from harnessed safety seats to booster seats[.]” A 2010 NHTSA report repeated that “[f]orward facing (convertible or combination) child seats are recommended for children age 1 to 4, or until they reach 40 lbs[.]”

The complaint quotes the American Academy of Pediatrics (AAP) as saying that “children should use a forward-facing car safety seat with a harness for as long as possible, until they reach the height and weight limits for their seats.”

According to the complaint, Baby Trend was “in fierce competition” with other companies and “sought to increase its market share by falsely claiming that parents can safely transition their children from child restraint seats to Booster Seats once they reach thirty (30) pounds, even though scientific and crash test evidence proves that to be extremely risky and unsafe.”

The complaint alleges that Baby Trend knew or should have known that it is dangerous for children to use booster seats at that age and size: “In Canada, where [Baby Trends] also sells its Booster Seats, the sale of booster seats to children under forty (40) pounds has been prohibited since 1987.”

The complaint says Baby Trend “expressly stated that it is safe for three (3) year[ ]old children to use [its] Booster Seats, and listed the minimum weight as thirty (30) pounds.” The complaint reproduces images from the booster seat boxes, displaying these recommendations.

The counts include common law fraud, false advertising, and negligent misrepresentation, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Baby Trend Protect Yumi Booster Seats Deceptive Advertising Complaint

March 5, 2021

This class action brings suit against Baby Trend, Inc. for two of its booster seats for children. The complaint alleges that the company falsely advertises its Baby Trend Protect Yumi 2-in-1 Booster Seat and Protect Yumi Folding High Back Booster Seat as being safe for children as young as three years old and as light as thirty pounds.

Baby Trend Protect Yumi Booster Seats Deceptive Advertising Complaint

Case Event History

Baby Trend Protect Yumi Booster Seats Deceptive Advertising Complaint

March 5, 2021

This class action brings suit against Baby Trend, Inc. for two of its booster seats for children. The complaint alleges that the company falsely advertises its Baby Trend Protect Yumi 2-in-1 Booster Seat and Protect Yumi Folding High Back Booster Seat as being safe for children as young as three years old and as light as thirty pounds.

Baby Trend Protect Yumi Booster Seats Deceptive Advertising Complaint
Tags: Booster Seat, Deceptive Advertising, Deceptive Labels