April 17, 2008

Neill Herbert
Baby Appleseed
13258 Nelson Avenue, Unit B
City of Industry, CA 91746
neill@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 Association

Consumer Product Safety Commission
Better Business Bureau
Consumer Reports
Baby Bargains Book