Brett Healy
General Counsel
Mercari Inc.
1530 Page Mill Rd #100
Palo Alto, CA 94304

Re: Recall of More than Two Million Fisher-Price Snuga Infant Swings

Dear Mr. Healy:

The U.S. Consumer Product Safety Commission (CPSC) is the federal agency responsible for protecting consumers from unreasonable risks of injury or death associated with consumer products. CPSC staff work with your company to ensure that recalled and banned products are not unlawfully sold on the secondary marketplace – in stores or online. We are writing today to inform you about the recall of all Fisher-Price Snuga Swings, a popular infant product that is often listed for sale on the secondary market. We seek your assistance and attention in preventing illegal sales of this product.

Today, Fisher-Price and CPSC announced a recall of all Fisher-Price Snuga Swings because they can pose a suffocation hazard to infants. These popular swings have not been manufactured since 2022, and are no longer sold new, but they are frequently listed and sold on the secondary market. The full text of the recall is attached.

It is a violation of federal law—specifically, the Consumer Product Safety Act, 15 U.S.C.§ 2068(a)(2)(B) (CPSA), which CPSC enforces—to sell recalled products. We are writing to ensure that you are aware of this recall and are taking action to remove all recalled Snuga Swings from your stores and/or online platforms.

Moreover, under the Safe Sleep for Babies Act, 15 U.S.C. §§ 2057d & 2057e (SSBA), any Snuga Swing—even one that has been modified in accordance with the recall—may be prohibited for resale if the seller is marketing it for sleep. The SSBA, enacted by Congress in 2022, entirely prohibits the sale of inclined sleepers for infants, deeming them to be a banned hazardous product under Section 8 of the CPSA, regardless of the date of manufacture. The SSBA defines “inclined sleeper for infants” as a product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to 1 year old.

In recent months, CPSC has recalled a number of infant and children’s products that violate federal safety requirements and has issued warnings1 about products when the companies have refused to recall them. We urge you to ensure that violative products are not listed for sale in your stores or on your online platforms.

As always, CPSC will be inspecting stores and monitoring online platforms for sales of recalled and banned products and will take action if and when we find listings for unlawful sales. We urge you to be proactive and prevent such listings even before they are visible to the public. Your cooperation is essential to keeping consumers safe from dangerous products.

The views expressed in this letter are solely the views of the signing Commissioners and do not necessarily reflect the views of the Commission.