April 17, 2008

Neill HerbertBaby Appleseed13258 Nelson Avenue, Unit BCity of Industry, CA 91746neill@nurserysmart.com

Dear Mr. Herbert:

I am writing to express my disappointment in your Davenport crib and present to you the reasons why this crib should be recalled.

When my son reached 8 months old and could pull himself to stand, we lowered the mattress support to the lower of the two settings. Upon placing my son in the crib, he could lean over the railing. I measured the distance from the mattress support to the top of the railing, and it was 18 inches. According to federal regulations, it should be no less than 26 inches (see Exhibit A, page 1).

After calling your company everyday, sometimes a few times a day, and leaving countless messages for two weeks without any response, I contacted Buy Buy Baby where I had purchased the crib. They were able to get in touch with Sharon Polman at Baby Appleseed through another contact. The response (see Exhibit B) stated that I should use the wooden toddler mattress support instead of the wire mattress support, which would be placed on the bottom rails.

Two problems unfold upon using the toddler mattress support:1. The height of the front rail from the mattress support is 25 inches, which is still

less than the 26 inches required (see Exhibit A, page 1 and Exhibit C, picture 4), and

2. The width of the crib at the height of the toddler mattress support is less than 26 inches, which should be 28 inches in order to accommodate a crib mattress with a minimum width of 27 ¼ inches (see Exhibit A, pages 1 and 2 and Exhibit C, pictures 2 and 3).

Due to these two problems, the Davenport crib is considered a banned hazardous substance under the Federal Hazardous Substances Act, 15 U.S.C. 1261(q)(A).

According to the Juvenile Products Manufacturers Association (JPMA) website, the Davenport crib is “JPMA certified”. After some investigation, I found that there is more than one version of the Davenport crib on the market. Which crib was certified and therefore misleading consumers into thinking all of the Davenport cribs hold the certification? There is also a sticker on the inside of the crib that states, “This product conforms to the applicable regulations of the Consumer Product Safety Commission,” which I know it does not. I am advising JPMA and the CPSC to remove any association with Baby Appleseed before consumers lose any respect for their organizations.

I find it disgraceful that none of your customers have been notified of the danger in which you have placed their children. When will you speak up and take responsibility for your poor workmanship and inexcusable business practices?

Sincerely,

Heather

Enclosures

cc: Juvenile Products Manufacturer AssociationConsumer Product Safety CommissionBetter Business BureauConsumer ReportsBaby Bargains Book