Brent Wisner, Managing Partner at Law Firm of Wisner-Baum, said that the investigation is part of a case that revolves around the neurodevelopmental harms allegedly tied to baby food with high amounts of heavy metals. He said that the problem started when the baby food manufacturing companies saw the high levels of metals and didn’t do anything about it.
“After 2021, Congress issued a report that basically exposed that there was actually very high levels of metal, toxic heavy metals in these baby foods. They were actually able to subpoena testing data by these companies and they published it and exposed [it],” said Wisner “That’s what really rung the alarm for people to realize that there was a problem here. The FDA heard it and has responded and has created a program called Closer to Zero.”
Wisner said that before 2021, the FDA did not regulate levels of metal in baby food. Since Closer to Zero was founded, they have issued a regulation to lead, and it is related to the amounts of arsenic in rice cereal.
On Aug. 26th of this year, Attorney General Ken Paxton started an investigation into baby food manufacturers Gerber and Plum Organics to see if the makers potentially violated the law by deceptively advertising and selling products that contain dangerous levels of heavy metals such as arsenic, lead, cadmium, and mercury.
“Look and see how much metal is actually in that product and try to find products that have non-detectable levels; that means we didn’t see anything. That’s really the standard we should be doing because these metals shouldn’t be in the food,” said Paxton. “We really should try everything in our power to avoid giving these foods, and we have that power now that we have the choice.”
Baum recommends that families who think their babies are exposed to these contaminations reach out to a lawyer. In Texas, there are laws that baby food makers are required to test for metals and put a QR code on the baby food products that anybody can look at to see what those testing results are.
“If you’re looking at the baby food you want to feed your child, look at the QR code, look and see how much metal is actually in that product, and try to find products that have non-detectable levels,” said Baum.
Baum said that the most important thing is to avoid certain ingredients in food, such as arsenic being found in rice, and sweet potatoes having lead.
