By Stephanie Stahl


PHILADELPHIA (CBS) — A grieving mother is filing a lawsuit, saying teething necklaces meant to alleviate pain for babies caused her son’s death. The FDA has issued warnings about the potential dangers linked to teething necklaces.

Toddlers can choke on the beads, and the new lawsuit says a necklace from a popular retailer strangled a little boy. Deacon Morin’s mother, Danielle Morin, says her baby boy’s smile lit up a room.

Home videos are heartbreaking reminders of the baby who is now gone.

“It scares me for other parents,” Morin said.

In December 2016, Deacon was found dead after a necklace he was wearing tightened around his neck and didn’t release. The necklace was given to his mother as a gift by a close friend.

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It was bought on the website Etsy.com. The online receipt describes the necklace as a “Baltic amber teething necklace for your baby.”

“Baby necklaces, if you use a baby necklace, it should have a releasing safety clasp so if there’s any pulling on it, it releases,” attorney John Carpenter said. “This one that was purchased on Etsy.com had a screw-on clasp that could not be released. And so when baby Deacon was hung up on something, it didn’t release and caused him to suffocate.”

Morin’s attorney says Etsy is liable for Deacon’s death, and has filed a lawsuit against Etsy and the Lithuanian company that provided the necklace.

Credit: CBS3

The terms of use listed on Etsy’s website, say, in part, “The items in our marketplaces are produced, listed, and sold directly by independent sellers, so Etsy cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Etsy from any claims related to items sold through our services.”

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Carpenter says Deacon’s mother didn’t agree to these legal disclosures because she received the necklace as a gift.

“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 and these products aren’t always safe,” Morin said. “No parent should have to grieve a child. No parent should have to bury their child.”

In a statement, Etsy says it cannot comment on active litigation.

According to new guidelines from the FDA, parents should avoid purchasing teething jewelry, which includes necklaces or items worn around their ankles or wrists.

Stephanie Stahl