According to reports, Danielle Morin’s son, Deacon, was wearing the necklace while he was napping at Little Impressions Daycare in Fontana, Calif. in October 2016. The 18-month-old was rushed to the hospital after the necklace tightened around his neck and the screw-on clasp wouldn’t open, causing him to suffocate. He was taken off life support five days later.
Along with suing Etsy for the faulty necklace, Morin is also warning other parents about the dangers of teething jewelry. “It scares me for other parents,” she told CBS Los Angeles. “I want parents to know there is no more Toys ‘R’ Us and people need to go online to buy products and these products are dangerous products… No parent should have to bury their child.”
While Etsy’s website clearly state that purchases “release Etsy from any claims related to items sold through our services,” Morin says that the necklace was a gift from a friend so she didn’t agree to those terms.
However, in a statement provided to CBS Los Angeles, Etsy explained that the lawsuit should be filed against the individual seller. “Deacon’s death was a great tragedy and our hearts are with his mother and family,” a spokesperson said, before adding that “while we understand the desire to take action, Etsy is a platform and did not make or directly sell this item.”
And Morin’s son isn’t the first child to die from a teething necklace. In December, the Food and Drug Administration issued a warning against the use of teething jewelry after an 18-month-old was strangled while sleeping. Both the FDA and the American Academy of Pediatrics advise parents to use rubber teething rings or rub their baby’s gums with a clean finger instead.