Wisner Baum LLP represents over 8,000 families in court cases against several major baby food companies. With FDA’s Closer to Zero plan falling short, parents hope the wave of litigation will compel the industry to change harmful practices that prioritize profit over safety.
As the U.S. Food and Drug Administration (FDA) prepares to release its next progress report on the Closer to Zero initiative to protect children from heavy metals in baby food, Wisner Baum LLP is intensifying its call for urgent reform in how toxic heavy metals in baby food are regulated. Representing more than 8,000 families nationwide, Wisner Baum baby food attorneys allege several manufacturers knowingly sell products contaminated with lead, arsenic, and mercury, all of which are linked to irreversible neurological damage in children.
“The fact that we are still seeing baby food contaminated with high levels of toxic metals is unacceptable,” said R. Brent Wisner, managing partner at Wisner Baum. “It’s been well over four years since the FDA announced Closer to Zero. In that time, the agency has delivered close to nothing. Parents trusted these companies to nourish their children and instead put them at risk—it's a systemic failure that we are fighting to change.”
FDA’s Delayed and Incomplete Response
The FDA launched the Closer to Zero plan in 2021, promising to gradually reduce heavy metal content in foods for babies and young children. Four years later, critics say the agency is far from zero and has produced little more than unenforceable guidelines, leaving families vulnerable:
- Missed Deadlines: The FDA quietly abandoned its own deadlines without public announcement, removing promised timelines from its website in March of 2023 after missing every single deadline it had set for protecting children.
- Weak Standards: The FDA’s January 2025 guidance sets voluntary lead limits of 10–20 parts per billion but excludes common snack foods like puffs and teething biscuits, which have been shown to contain high levels of lead.
- No Enforcement: Manufacturers are not legally required to comply, nor are they required to test or disclose results.
“FDA’s only guidance since 2021 has been ‘action levels’ that manufacturers can simply ignore because they are voluntary,” said Wisner. “Unlike the European Union, which has mandatory limits, the FDA continues to release unenforceable guidelines, which means parents don’t really know whether the food they feed their children is loaded with heavy metals.”
States Step Ahead of Federal Action
While the FDA has delivered “close to nothing” in four years, four states have already implemented comprehensive heavy metals testing and disclosure requirements that exceed anything the federal government has accomplished. These state laws demonstrate that meaningful protection is both achievable and overdue.
- California’s AB 899 (effective January 2025): requires monthly testing for arsenic, cadmium, lead, and mercury at certified labs, public disclosure of results, and QR codes on packaging linking to test data.
- Maryland’s Rudy’s Law (effective January 2025): similar requirements, named after a child who suffered lead poisoning from contaminated applesauce.
- Illinois Legislation: new laws mandate testing and disclosure beginning in 2026–2027, with other states considering similar measures.
These reforms, praised by health experts, have already pressured major companies like Gerber and Beech-Nut to adopt QR code transparency nationwide.
Recalls Show Systemic Failures
Three major baby food recalls in just the first half of 2025 clearly demonstrate the harm that has come as a result of regulatory inaction:
- Sprout Organics Sweet Potato, Apple, and Spinach Pouches (September 16, 2025) were recalled over potential lead contamination in more than two dozen states.
- Target’s Good & Gather Baby Pea, Zucchini, Kale & Thyme Purée(March 12, 2025) was pulled after FDA testing revealed dangerously high lead levels. Two infants in Oregon developed lead poisoning after consuming the recalled Target Good & Gather Baby Pea, Zucchini, Kale & Thyme Vegetable Purée.
- Publix GreenWise Pear, Kiwi, Spinach & Pea Pouches (May 9, 2025) were voluntarily recalled due to potentially elevated lead levels.
These latest recalls add up to a troubling pattern. Over the past several years, independent testing of baby foods from Beech-Nut, Gerber, Happy Family Organics, Plum Organics, Earth’s Best Organic, Parent’s Choice, and Sprout Organic Foods have shown elevated levels of arsenic, lead, and mercury.
No Safe Level of Exposure
The Centers for Disease Control and Prevention and the American Academy of Pediatrics both confirm that there is no safe level of lead exposure for children. Even trace amounts can impair brain development, lower IQ, and increase risks of autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD).
Medical experts recommend comprehensive protections, including testing of finished products, cumulative assessments of all four metals, and mandatory consumer disclosures — standards far more rigorous than current FDA guidelines.
Litigation for Justice and Change
Wisner Baum is leading consolidated baby food lawsuits against several manufacturers. The firm seeks compensation for families impacted by toxic exposure as well as systemic reform across the baby food industry.
If your child developed autism or ADHD after consuming baby foods from any of the following brands, you may qualify for a baby food lawsuit:
Contact our lawyers today for a free and confidential case evaluation.
