A lawsuit was filed against Hatch Baby, Inc. on October 10, 2024, in the United States District Court for the Eastern District of New York. The class action complaint, filed by Tracy Bott, alleges deceptive marketing practices regarding the safety of the company's 1st Generation Sound Machine.
The lawsuit claims that Hatch Baby failed to disclose a defect in the power adapter of its Hatch Baby Rest 1st Generation Sound Machine, which could expose users to electrical shock. The defect led to a recall on July 3, 2024, affecting approximately 919,400 units. Bott, who purchased one of the devices in Spring 2022 from BuyBuyBaby's website, was unaware of the risk until the U.S. Consumer Product Safety Commission announced the recall.
The complaint alleges that Hatch Baby marketed the product as safe for children while omitting critical safety information. It argues that this led consumers like Bott to purchase a product they believed was safe but was defective.
The lawsuit seeks over $5 million in damages for affected consumers under New York's General Business Law Sections 349 and 350, which address deceptive acts and false advertising. Bott also seeks punitive damages and compensation for legal fees.
Tracy Bott is represented by attorneys Philip J. Furia and Jason P. Sultzer from Sultzer & Lipari PLLC. The case is being overseen by judges in the Eastern District of New York under Case ID: 2:24-cv-07135.