Monday, December 1, 2008
Pictures speaks Volumes: Other Babies hurt by Carters tagless clothes
Carters, isn't ONE baby's injury enough to start this recall? We have received numerous emails from parents nationwide as well as other countries sharing their own horrible experience with their babies wearing these Carters tagless clothes. Enough is enough! Recall this merchandise and save other families and their babies from enduring this preventable injury.
Friday, November 14, 2008
Carters Should Examine Ava's Case
We made the effort of writing the Executive staff of Carters and only received responses to placate our frustration, not a response of action. The CEO interview in ZRecs just further exasperates us for these reasons: They are sticking to boilerplate responses, falling back on statistical quality thresholds based on fallable data, and they continue to ignore the fact that babies are suffering from their products.
We will continue our quest to compel Carters to do the right thing.
Carters CEO speaks with ZRecs
ZRecs interviewed Carters CEO, Michael Casey:
http://www.zrecommends.com/detail/carters-on-the-record-an-interview-with-michael-casey-carters-ceo/
Being on the record, Casey surprisingly provides more information and color into what went into the creation of these tagless labels and their corporate stance on the whole situation.
We do take issue and differ with the terminology Casey tries to clarify with ZRecs. We stand by our position and our pediatrician's diagnosis that Ava did in fact suffer a CHEMICAL BURN, not contact dermatitis. Our pediatrician, a well-known Doctor and child safety expert, as well as his experienced colleagues all diagnosed Ava had in fact suffered a chemical burn from these tagless clothes. Additionally, Zrecs asks Casey why Carters won't recall the clothes and Casey's response, "[t]he level of inquiries on this... even now, has not been significant in terms of its relation to the total number of our garments. It is some fraction of 1% of the garments from the Fall 07 line." So I guess 1% of inquires or the injured babies is not enough to warrant a recall...wow, enlightening to know that this "trusted" company of children's clothing does not think it's serious enough to begin a formal recall. Truly disappointing, but not surprising to hear their corporate position on this matter and very sad for any baby and family that has been affected by Carters tagless clothes. We'll be waiting for more updates on the nationwide class action....
Wednesday, November 12, 2008
NBC Story Follow up: Families Affected by Carters Tagless Clothes
Class Action Lawsuit (click on Ava's picture on the left to see the video):
http://www.nbclosangeles.com/news/local/Talk-of-lawsuit-over-baby-Clothes.html
Viewers' Responses to the NBC Investigative Stories on Carters tagless clothes (click on the picture with "restitution" highlighted):
http://www.nbclosangeles.com/news/local/Carters-tagless-clothing-investigation-reaction.html
We are so relieved this story and all of our experiences are finally getting the coverage it requires. Carters, we hope you are watching; these were once your consumers whose trust you had, but whose babies you have injured. We look forward to the days and months to come as Lindsey Webb, the CA class action plaintiff, the other parent-plaintiffs nationwide and their legal team push their class action ahead...how will Carters respond? Can they really continue to keep their heads in the sand and stand by their corporate position that a recall is not necessary?
Tuesday, November 11, 2008
The Class Action Against Carters Begins...
I will get a copy of the complaint uploaded soon, but some of the highlights are below. If you would like a copy emailed to you, please email me at: avastaglesshorrorwithcarters@gmail.com
The Complaint cites some factual background with published reports from research groups on the unique qualites of babies which we found surprising and extremely informative:
"Children are more susceptible to chemical toxicity than adults" and "infants have a relatively greater surface area of skin than adults, thereby increasing their potential dermal absorption of certain compounds." "This higher rate of intake means that children will receive higher doses of whatever contaminants are present..."
"The thin skin of a newborn may well be more permeable to specific chemicals than the skin of an adult. Compounding this fact, the surface area of a child's skin relative to body weight is greater than adults, such that the potential dose of a chemical following dermal exposure is likely to be about 3 times greater than infants than adults."
The complaint's alleges these legal theories (details of each in the complaint):
- Strict products liability - Defect in design or manufacture
- Strict products liability - Failure to Warn
- Misleading & Deceptive Advertising
- Untrue Advertising
- Unlawful Business Acts & Practices
- Unfair Business Acts & Practices
- Fraudulent Business Acts & Practices
- Breach of Express & Implied Warranties
- Intentional Misrepresentation / Fraud
- Negligent Misrepresentation
- Unjust Enrichment
- Negligence & Negligence Per Se
- Suppression
- Violation of Magnuson-Moss Act
- Injunctive & Declaratory Relief
Thank you to this plaintiff and her team for taking this legal stance and demanding Carters finally do the "right thing" for everyone involved.
Saturday, November 1, 2008
You Are Not Alone, Share Your Stories and Pictures
http://cartertstaglessnightmares.blogspot.com/
We appreciate everyone's support and collectively, we hope all of us can bring more media attention and public awareness to the hazards of these tagless clothes. Where the media stories and our demand for a formal recall remain ignored, some parents are seeking redress through legal resources. Perhaps that is what is necessary for Carters to own up and stand behind their corporate promise to "make trusted" clothes for our kids. At this point, our trust is irrevocably shattered.
Saturday, October 25, 2008
Inundated With More Horror Stories & Baby Pictures
Just today, a victim told us she asked a Carters store manager if she knew about the tagless safety issue and yesterday's advisory and statements from CPSC and Carters. The manager of Carters retail store had no idea! Carters: you have a duty to effectively communicate to your distributors and especially your own stores. You can not stop with this advisory. Communicate effectively and comprehensively, be compassionate and fair with your victims, and recall your products.
Dialogue Across The Blogs
ZRecommends:
http://www.zrecommends.com/detail/cpsc-releases-rash-advisory-for-carters-tagless-apparel/
Science for Sale:
http://www.scienceforsale.com/2008/10/cpsc-issues-advisory-on-carters-tagless.html
http://www.scienceforsale.com/2008/10/ava-and-carters-part-ii.html
As consumers and parents, these public statements and advisory did nothing to placate us. We believe our baby, like many others, was affected beyond just the Carters tagless Fall 2007 product line. We were initially told by Carters Consumer Affairs representative that there are "no chemicals" in these tagless clothes. Give us a break! Our baby suffered a chemical burn, which was confirmed by her pediatrician. Carters, it's time for the reality check: begin the Recall.
Friday, October 24, 2008
The Official Warning is here....
U.S. Consumer Product Safety Commission
http://www.cpsc.gov/cpscpub/prerel/prhtml09/09023.html
Carters Statement:
http://www.carters.com/Corporate/tagless_message.aspx
Thursday, October 23, 2008
Carters CEO's Letter to Us (see the original)
http://picasaweb.google.com/AvasTaglessHorrorwithCarters/CartersCEOSLetterToUs#
Wednesday, October 22, 2008
Letter From Carters CEO, Michael Casey
Today a letter arrived at our home via Federal Express from Carters’ CEO, Michael Casey. It was handwritten and on the Carters’ CEO letterhead. Here is the content of the note:
Dear Mr. (our last name),
I received your email yesterday. I am very sorry to hear that your daughter developed a rash while wearing a Carter’s garment.
As a father of six children, I care deeply about the safety & health of children.
I want to assure you that we are thoroughly investing (sic) the cause of the rash.
I am committed to regaining your trust in our products.
Sincerely,
/ s /
Mike Casey
This letter was sent via FedEx, and the footnote on the letterhead reads:
Michael C. Casey Chief Executive Officer
Telephone 404-745-2802 Fax 404-892-3079
Email mike.casey@carters.com NYSE Listed: CRI
Dear Mr. Casey,
Thank you for your letter. First, our baby Ava did not develop a rash. She was chemically burned by the Carters clothes she wore. Our pediatrician confirmed she suffered a chemical burn and not a rash. Secondly, a Carters tagless product recall and public disclosure is the only solution, which you failed to address in your letter. You are a father of six children, how many more families and babies are you willing to sacrifice?
Lastly, you cannot regain our or the public’s trust in your Carters brand until you act appropriately. We will not stop our relentless pursuit to publicize this issue until you and Carters take immediate and appropriate actions.
Sincerely,
/ s /
Tuesday, October 21, 2008
Public Statement...Corporate Secrets?
Naively we misread her awkwardness and assumed Carters wanted to address this issue after they publicly announced their earnings. Today Carters publicly announced their earnings…guess what? Carters did NOT publicly address the product safety concern of their tagless clothing and did NOT update their website with any related information. Why the corporate secret, Carters? Why not take today’s opportunity to provide this important information to your consumers and shareholders?
Alas, we have exhausted the reserves of giving Carters the benefit of the doubt to do the “right thing.” We are back to where we started: with our baby who suffered five months from chemical burns caused by Carters tagless clothes and without any ongoing dialog with Carters on how they plan to fix this problem for all consumers. Carters did not respond to my note to their Executive Staff. We have not heard anything from them. How does this company decide not to respond to a consumer plea regarding a child safety issue? It is inexplicable. Does anyone have a theory?
Monday, October 20, 2008
No Response From Carters
Sunday, October 19, 2008
The Tipping Point...
http://www.scienceforsale.com/2008/10/carters-tagless-burns-updates.html
We cannot believe how long Carters has allowed this to go on without any public disclosures. Carters is literally making money off the backs of our babies. You're corrrect, Fellow Mom-Blogger, there is a "tipping point" and we are seriously considering ALL of our options at this point. Carters has been derelict in telling their consumers the truth.
We'll see how they respond to our letter, if at all.
Saturday, October 18, 2008
Letter to Carters Executives
To: Michael Casey, Chief Executive Officer
Re: Carters Tagless Clothes Causing Chemical Burns in Babies
CC: Joseph Pacifico, President; James Petty, President Retail Stores; Charles Whetzel, Executive Vice President and Chief Sourcing Officer; David Brown, Executive Vice President and Chief Operations Officer; Suzanne Calkins, Executive Vice President OshKosh Brand and Licensing; Joe Elles, Executive Vice President Sales and Mass Merchandising; Eric Martin, Vice President Investor Relations
/s/
Carters Consumer Affairs Discussion
However, there will be No Recall, no satisfactory resolution, but here is what Mary states is being proposed at least for Carters Consumer Affairs Dept.
1. Mary had a group meeting with all of Carters Consumer Affairs Representatives and all agreed to “welcome” victims and to be more compassionate
2. Make sure staffing levels are sufficient to promptly return calls within 24 hours
3. Working with the phone company and their internal IT department to create a dedicated 800 number hotline for tagless clothing victims
4. Improve reimbursement process and promptly pay reimbursement checks
5. Redesigned insurance claims process
6. Website page dedicated to this tagless clothes problem
We remain unsatisfied because there is no promise of a recall or informing the public of the hazards for children wearing their tagless clothes. We are planning to write a letter to their CEO and Executive Staff and will post it once it's completed.
Thursday, October 16, 2008
Yet another victim of Carters tagless clothes
Carters - now is the time to finally recogize this problem. This is not an "isolated" or "rare" incident as your scripted response alleges and as you have told us numerous times.
Carters, perhaps you should consider the ethical approach, such as:
- start with apologizing, a mea culpa will mean a lot to your victims
- disclose the problem to the pediatric community, your distributors, and your consumers
- create a welcome wagon for your victims, treat them compassionately and fairly, be their advocates instead of making them advocate for themselves (haven't parents and babies endured enough?)
- promptly refund the full retail value of the defective clothes purchased by your victims
- recall all your defective products immediately
- update your website
- stop the internal product safety denial and fix the problem
- basically, do the morally correct thing
"Our Hands Are Tied!"
"Our hands are tied"
"I don't have the authority"
"Our CEO is aware of the problem"
"We don't have any answers for you"
"We are researching the problem"
"You need to understand"
"You can work with me or have an attorney work with me, it is the same job for me"
"Honestly, if I could do something for you, I would"
"I am a parent, I can not imagine what you went through"
"I understand, I understand, I understand" when it is obvious they don't understand.
Here are two links that helped us determine the cause of Ava's back wound:
http://thoughtsluiza.blogspot.com/
http://zrecs.blogspot.com/2008/09/tagless-tees-suddenly-causing-chemical.html
Last night we spoke to the producer of this NBC investigative piece on Carters tagless clothing, please view the piece to see another family victimized by Carters:
http://video.knbc.com/player/?id=716662
To help get the word out, please file a report with the U.S. Consumer Products Safety Commission (CPSC), here is a link to file a complaint online:
https://www.cpsc.gov/cgibin/incident.aspx
Our Pediatrician confirms this was a chemical burn and not some other skin irritation or allergic reaction (rash or eczema). He is filing his own report with the CPSC.
I will keep everyone posted on Carters next response.
By the way, if you want to listen to Carters next quarterly earnings call (yes, they are a PUBLIC COMPANY), go to the link below next Tuesday:
http://phx.corporate-ir.net/phoenix.zhtml?c=135392&p=irol-IRHome