In all, the CPSC says it has received over 70 reports of children nearly falling out of the recliners.
The commission filed the complaint after discussions with the company broke down over a recall plan.
The Nap Nanny was designed to mimic the curves of a baby car seat, elevating an infant slightly to help reduce reflux, gas, stuffiness or other problems.
Five thousand Nap Nanny Generation One and 50,000 Generation Two models were sold between 2009 and early 2012. About 100,000 Chill models have been sold since January 2011.