(WXYZ) - Federal regulators have filed a lawsuit against the maker of Nap Nanny infant recliners because the company wouldn't agree to a recall.
The Consumer Product Safety Commission demanded a recall after five infants reportedly died from using the device.
The CPSC's lawsuit alleges that Baby Matters, the maker of 'Nap Nanny,' should notify the public about the risks and refund the cost of the product to any customers who bought it.
The company shut down in November, but the website remains up with product information and a statement that they released Wednesday.
In the statement, the company explains that their ongoing battle with the CPSC cost so much money that they had to go out of business.
In July 2010, CPSC and Baby Matters agreed to a settlement in which the company offered an $80 coupon to owners of the Generation One Nap Nanny toward the purchase of a new model. Those models came with more understandable instructions and warnings.
The CPSC's complaint alleges that the Nap Nanny Generation One and Two and Chill infant recliners have defects in the design, warnings and instructions, which "pose a substantial risk of injury and death to infants."
CPSC says it knows of four infant deaths in earlier Nap Nanny models. A fifth death involved the Chill model. The agency also says it has received more than 70 additional incident reports of children nearly falling out of the product.