Four major retailers have agreed to a voluntary recall of the “Nap Nanny” product made by the company Baby Matters. Amazon, Buy Buy Baby, Diapers.com, and Toys R Us/Babies R Us are all participating in the recall.

The CPSC is warning consumers that the Nap Nanny baby recliners “contain defects in the design, warnings, and instructions,” that could lead to the injury or death of babies. The agency states that it knows of five infants who have died in newer Nap Nanny devices, and 70 more cases of babies nearly falling out of the device.

The recall is being undertaken by retailers because, according to the U.S. Consumer Product Safety Commission (CPSC), Baby Matters is either “unable or unwilling to participate in the recall.” Baby Matters and the CPSC have been unable to agree on a recall plan, and the CPSC has filed an administrative complaint against the company.

Leslie Gudel, the owner and founder of Nap Nanny has responded to the CPSC’s complaint on the product’s website:

The CPSC’s complaint notes that five infants have died “while using” the Nap Nanny. The loss of an infant is an unthinkable tragedy, and I am truly heartbroken for the families who have lost a child. But the fact that infants have died “while using” the Nap Nanny improperly, such as when used in a crib where the child could suffocate on a crib bumper or a blanket, does not mean our product caused the child’s death or is hazardous.

The first generation of Nap Nanny devices was recalled back in 2010, in exchange for $80 coupons toward the purchase of newer models of the Nap Nanny. The generation two Nap Nanny and the “Chill” model both contain more explicit warnings and instructions for parents.