Toxic Baby Food Lawsuit

December 2, 2024: The number of federal toxic baby food cases in the MDL grew to 75, according to the latest report from the JPML. 

November 23, 2024: California will no longer be the only state to enact heavy metals regulations for baby food. “Rudy's Law” in Maryland, which will take effect in January 2025, requires baby food manufacturers to test their products for toxic heavy metals.

Other requirements in Rudy’s Law that will take effect in 2026:

• Baby food companies must publish the name and level of each toxic heavy metal present in products, information to identify specific products, and a link to FDA guidance on the health effects heavy metals have on children. 
• Food products must include a QR code or machine-readable code on the label, allowing consumers to access test results and FDA information.
• Maryland will prohibit the sale of baby food containing toxic heavy metals exceeding FDA limits. 

November 1, 2024: More baby food lawsuits were filed in the MDL-3101 Baby Food Products Liability Litigation last month. There are now 52 cases filed. 

October 1, 2024: The federal baby food MDL has not seen an uptick in cases over the last couple of months; only 32 cases are pending in the MDL-3101 Baby Food Products Liability Litigation. 

September 4, 2024: During a case management conference for the baby food MDL last week, the court issued several orders. First and most importantly, the manufacturer defendants must disclose the results of heavy metals tests conducted on products between 2012 and 2021. 

The defendants must also provide the results of water tests conducted during the same time period to check for the presence of heavy metals in the manufacturing process. Lastly, the court requires defendants to identify third-party entities involved in producing baby food within the specified years. 

The next case management conferences are scheduled for:

• September 26, 2024
• November 7, 2024
• December 12, 2024

August 5, 2024: Four cases were added to the toxic baby food MDL last month, bringing the total to 31. The next status conference in the litigation is scheduled for August 25, 2024. 

July 3, 2024: New cases were added to the federal baby food products liability litigation, bringing the case total to 27. The scale of this litigation continues to grow. Our firm represents over 3,000 children with autism and/or ADHD in legal claims alleging Gerber, Happy Baby, Earth’s Best Organic, and other companies knowingly sell baby foods that contain dangerous amounts of arsenic, lead, and mercury. 

June 17, 2024: Baby food lawyer R. Brent Wisner discussed the newly established MDL with Mass Tort News. In the interview, Wisner discussed the defendants’ blatant disregard for the well-being of children, reciting a text found in discovery in which the staff of one defendant company jokes about burying test results showing high levels of heavy metals. 

Watch the full interview here. 

June 12, 2024: The Fifth Circuit Court of Appeals reversed a district court decision on a baby food lawsuit against Whole Foods. On May 28, the Court ruled that the district court improperly denied the parents' motion to remand the lawsuit, dismissing Whole Foods. Since Whole Foods' business model “depends on its reputation and customers’ willingness to pay a premium” for products advertised as healthy and high quality, “the court erred in concluding that Whole Foods was improperly joined,” the panel wrote in its decision. The case has been remanded to state court, where it was initially filed. 

Read the opinion here. 

June 6, 2024: Wisner Baum baby food lawyers will bring a case to trial next year in California. It will be a preference trial on January 21, 2025 in Los Angeles, California. This will be the first baby food trial in California state court. 

June 4, 2024: Since last month, no new cases have been added to the toxic baby food MDL. There are still 25 lawsuits pending in the Baby Food Products Liability MDL. We expect to see more cases in the coming months. 

May 17, 2024: The judge overseeing the toxic baby food multidistrict litigation (MDL 3101) appointed baby food attorney R. Brent Wisner co-lead trial counsel representing plaintiffs alleging heavy metals in baby food caused children to develop autism and/or ADHD.

Wisner will co-lead the baby food MDL with Aimee Wagstaff of the Wagstaff Law Firm. Wisner Baum baby food lawyer Monique Alarcon will serve as Plaintiffs' Liaison Counsel, and attorney Pedram Esfandiary was also appointed to the Plaintiff's Steering Committee. 

After the leadership was announced, R. Brent Wisner gave the following statement to the media:

"Ensuring the safety of baby food is paramount for our children's well-being, and I am honored to lead this critical MDL. The evidence we've gathered over the past two years is compelling, and we are prepared to present a robust case to secure justice for the families affected. This litigation is not just about compensation; it's about protecting the health and future of our children. When food companies make billions selling food containing poison—food that is simply unfit for human consumption, let alone a baby's consumption—there needs to be accountability. This litigation is a first step in dealing with a generation of babies that have been poisoned and now face an epidemic of autism.”

More than two dozen toxic baby food lawsuits are consolidated in the MDL (Case No. 3:24-md-03101-JSC) before U.S. District Judge Jacqueline Scott Corley for the Northern District of San Francisco. Judge Corley’s pretrial order can be read here. 

April 11, 2024: The Judicial Panel on Multidistrict Litigation (JPML) issued an order today consolidating 25 federally filed baby food cases. The newly formed MDL No. 3101, In re: Baby Food Products Liability Litigation, will be overseen by the Honorable Jacqueline Scott Corley for the Northern District of California. Wisner Baum managing partner, R. Brent Wisner, who argued before the JPML in March, issued this statement following the establishment of the Baby Food MDL:

“We are excited about the JPML's ruling. We have been assigned a smart and accomplished jurist and we think the Northern District of California is the right venue for this case. The next step is to get this MDL organized and get the new judge up to speed on the two years of litigation we have already done. This mass tort is going to end up being one of the most important litigations in recent history. Baby food must be safe, and these Defendants not only know that some of their products aren't, but they refused to be honest with parents about it. It’s difficult to fathom the scope of brain injury that has been inflicted on babies in this country. This MDL is the first step in taking account of the full scope of that damage and, hopefully, finding some justice for the children whose lives have been forever disadvantaged.”

April 2, 2024: Last week, the U.S. Judicial Panel on Multidistrict Litigation (JPML) held a hearing to discuss the possibility of forming a toxic baby food multidistrict litigation (MDL). If the panel grants an MDL, federal cases would be consolidated in one court. Our baby food lawyers anticipate news on the MDL within the next few weeks. 

March 21, 2024: Next week, a panel of federal judges is scheduled to hold a hearing to review a previous decision on whether lawsuits about toxic baby food should be consolidated in a federal multidistrict litigation (MDL). The March 28th hearing will be the second time in recent years that the U.S. Judicial Panel on Multidistrict Litigation (JPML) has considered combining these lawsuits. We will provide an update once there is news to report. 

February 6, 2024: Baby food lawyers filed a motion at the start of 2024 to consolidate cases into a multidistrict litigation (MDL). An MDL shares similarities with a class action lawsuit; both are types of legal proceedings that involve multiple plaintiffs with similar claims. But there are key differences between the two.

In an MDL, individual lawsuits that are filed across different federal courts are consolidated and transferred to a single court. This centralization aims to streamline the litigation process by efficiently managing pretrial proceedings, such as discovery. However, MDLs do not merge individual lawsuits into a single trial. Instead, each case retains its own individuality and is ultimately returned to its original court for trial or settlement.

On the other hand, a class action lawsuit is filed on behalf of a group of individuals, known as the class, who have suffered similar harm or injuries caused by the same defendant or defendants. Class actions consolidate the claims of all class members into a single lawsuit, with one or more named plaintiffs representing the entire class. The final judgment in a class action generally binds all class members unless they opt out of the class.

January 2, 2024: This year we plan to take a baby food lawsuit to trial. Since September of 2023, the attorneys at Wisner Baum have filed five baby food lawsuits in Los Angeles County, California. We plan to ask for a consolidated preference trial for all five cases in the coming months. If the litigation progresses according to plan, we should have a baby food trial scheduled in the summer of 2024. 

Wisner Baum’s case will not be the first baby food trial as there was a trial in Texas that resulted in a directed verdict. A directed verdict is a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion. Of note, this was not a baby food autism lawsuit, it was a brain damage case.

Other law firms have filed baby food lawsuits in state and federal courts. As of today, there are not enough cases to form a multidistrict litigation, but that could soon change. 

Our baby food lawyers will update this page when trial information becomes available. 

A U.S. Congressional Subcommittee reported that numerous popular baby food products, including infant rice cereal, teething biscuits, purees, rice cakes, and others, contain “dangerously high levels” of arsenic, mercury, lead, and cadmium. Shockingly, Happy Family Organics, Gerber, Hain Celestial (Earth’s Best Organic), Beech-Nut, Plum Organics, Walmart (Parent’s Choice), and Sprout Organic Food knowingly sold tainted baby food to unsuspecting parents, according to the report.

Numerous studies have linked toxic heavy metal exposure to behavioral impairments. The link is especially pronounced among babies and young children, whose brains are still developing. Even at low levels, exposure to heavy metals can cause severe and irreversible damage to neurological development in children. As one recent study observed:

“[t]he implications of heavy metals with regards to children’s health have been noted to be more severe compared to adults. The elements’ harmful consequences on children’s health include mental retardation, neurocognitive disorders, behavioral disorders, respiratory problems, cancer and cardiovascular diseases. Much attention should be given to heavy metals because of their high toxicity potential, widespread use, and prevalence.”

The Wisner Baum law firm is filing baby food lawsuits that accuse Gerber, Hain Celestial, Walmart, Plum Organics, and other companies of knowingly selling baby foods with dangerously high levels of arsenic, lead, cadmium, and mercury. These metals are severe neurotoxins capable of substantially contributing to lifelong brain damage and neurodevelopmental disorders in children.

If your child developed autism after consuming substantial amounts of rice cereal, puffs, purees, or other baby foods from the companies listed above, you may be eligible to pursue justice and compensation in a baby food lawsuit. Filing a legal claim against these companies can help pay for health care costs and expensive therapy sessions associated with your child’s diagnosis.

Los Angeles attorneys from the Wisner Baum law firm are in active litigation against several major baby food companies that knowingly sell products with dangerous amounts of heavy metals. We are outraged by the recklessness these companies demonstrate by continuing to sell tainted foods and intend to hold them accountable in lawsuits.

If you purchased the baby foods from Happy Family Organics, Happy Baby, Gerber, Earth’s Best Organic, Beech-Nut, Plum Organics, Parent’s Choice, Walmart, or Sprout Organic Foods and your child later was later diagnosed with autism, our firm is interested in pursuing justice and maximum compensation on your behalf.

“The level of exposure to heavy metals known to be safe for babies is literally zero. These companies knew their products were toxic and they knew that if they told parents the truth, no one would ever buy tainted baby food. Concealing the known dangers of your products and profiting at the expense of your customers is already reprehensible. When you consider the customers in this case are kids, it doesn’t get much worse than that.” – Attorney Pedram Esfandiary

HEAVY METALS IN BABY FOOD

Heavy metals—including lead, cadmium, mercury, and arsenic—are toxic environmental pollutants that enter our food supply chain via contamination of soil, water, and air; improper waste disposal; chemical fertilizer; pesticides; and the use of other materials.

Heavy metals in foods pose a threat to public health, especially for vulnerable young children because they consume more food in relation to their body weight and absorb metals more readily than adults. According to Linda McCauley, who studies environmental health effects as Dean of the Nell Hodgson Woodruff School of Nursing at Emory University, “[n]o level of exposure to these metals has been shown to be safe in vulnerable infants.” McCauley adds that exposure from several sources of toxic heavy metals can cause cumulative effects that are particularly dangerous for babies.

Heavy Metals Side Effects

• Arsenic: Linked to bladder and lung cancer; damage to the central nervous system, brain development, and cognitive development; immunological effects; IQ deficit (specifically verbal, performance and memory); ASD; decrease in global motor, gross motor, and fine motor.
• Cadmium: Linked to decreases in IQ; development of ASD and ADHD.
• Lead: Linked to behavioral problems; ASD; decreased cognitive performance; delayed puberty; reduced postnatal growth; damage to central nervous system and brain development; adverse effect on academic achievement; with lower reading and math scores; significant association with ADHD.
• Mercury: Linked to adverse subsequent neuro-development; ASD; poorer estimated IQ; positively associated with autistic behaviors among preschool children.

US Government Finds “Dangerous Amounts” of Heavy Metals Mercury, Cadmium, Lead, and Arsenic in Baby Food

The U.S. House Oversight and Reform Subcommittee on Economic and Consumer Policy has issued multiple shocking reports on heavy metals in baby food. The first report from the Subcommittee, ‘Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury’, detailed staggering levels of toxic metals in baby foods.

According to the government report, Nurture (Happy Family Organics and HappyBABY), Beech-Nut, Hain Celestial Group (Earth’s Best Organic), Plum Organics, Walmart (Parent’s Choice), Sprout Foods, and Gerber knowingly sell baby foods containing as much as 180 parts per billion (ppb) inorganic arsenic, 6441 ppb lead, 10 ppb mercury, and manufacture their products using ingredients containing as much as 913.4 ppb arsenic, 886.9 ppb lead, and 344.55 ppb cadmium, far eclipsing domestic and international regulatory standards.

To put this in perspective, here are the maximum allowable limits that the U.S. Food and Drug Administration (FDA) and the U.S. Environmental Protection Agency (EPA) set for arsenic, cadmium, lead, and mercury are:

The FDA allows a maximum level of 5 parts per billion (ppb) lead in bottled water.

The government report found 177 times more than the acceptable level of lead in baby food products.

The FDA allows a maximum level of 10 ppb arsenic in bottled water.

The government report found 91 times more than the acceptable level of arsenic in baby food products.

The FDA allows a maximum level of 5 ppb cadmium in bottled water.

The government report found 69 times more than the acceptable level of cadmium in baby food products.

The EPA allows a maximum of 2 ppb mercury in drinking water.

The government report found 5 times more than the acceptable level of mercury in baby food products.

WHICH BABY FOODS ARE HIGH IN HEAVY METALS?

Multiple government reports and testing from consumer advocacy organizations found that the following products and ingredients from Beech-Nut, Earth’s Best Organic, Gerber, Nurture (Happy BABY), Parent’s Choice, Plum Organics, and Sprout Foods contain heavy metals.

Beech-Nut Heavy Metals

• Classics Mixed Vegetables Stage 2
• Classics Sweet Carrots
• Classics Sweet Potatoes Stage 2
• Oatmeal Whole Grain Baby Cereal
• Organics Just Carrots
• Rice Single Grain Baby Cereal

Beech-Nut Ingredients Heavy Metals

• Alpha Amylase (Enzyme)
• Amylase (Enzyme)
• Apricot
• Ascorbic Acid
• BAN 800 (Enzyme)
• Blueberry
• Carrots
• Cinnamon
• Coarse Oat Flour
• Cumin
• Dehydrated Potato
• Mango
• Oat Flour
• Oregano
• Organic Cinnamon
• Organic Coriander
• Organic Cumin
• Organic Garlic
• Organic Lemon
• Organic Oat Flour
• Organic Pears
• Organic Prune
• Organic Rice
• Organic Rice Flour
• Organic Turmeric
• Prune
• Prune Puree
• Quinoa Flour
• Rice
• Rice Flour
• Sebamyl 100 (Enzyme)
• Sunflower Lecithin
• Sweet Potato
• Turmeric
• Vitamin Mix

Gerber Heavy Metals

• Arrowroot Biscuits
• Barley Single Grain Cereal
• Carrot Sitter 2nd Food
• Carrot Supported Sitter 1st Goods
• Diced Carrots Veggie Pickups
• Fruit & Veggie Melts Truly Tropical Blend Free
• Multigrain Cereal
• Oatmeal Single Grain Cereal
• Rice Single Grain Cereal
• Sweet Potato Sitter 2nd Foods
• Sweet Potato Supported Sitter 1st Foods Tub
• Whole Wheat Whole Grain Cereal

Gerber Ingredients Heavy Metals

• Conventional Carrots
• Conventional Sweet Potatoes
• Flour Rice Long Grain
• Grape Juice White
• Organic Sweet Potatoes

Earth’s Best Organic Heavy Metals

• Sensitivity DHR/ARA Infant Formula with Iron
• Sesame Street Peanut Butter Baked Corn Puffs
• Spinach and Potato Baby Food 6 months
• Whole Grain Rice Cereal

Earth’s Best Organic Ingredients Heavy Metals

• Medium Grain Whole Rice
• Organic Barley Flour
• Organic Barley Malt Extract
• Organic Blueberry Puree
• Organic Brown Flax Milled
• Organic Brown Rice Flour
• Organic Butternut Squash Puree
• Organic Cinnamon Powder
• Organic Date Paste
• Organic Green Lentil Flour
• Organic Kamut Flour
• Organic Quick Oats
• Organic Soft White Wheat Flour
• Organic Spelt Flour
• Organic Yellow Split Pea Powder
• Vitamin Pre-Mix
• Whole Raisins

HAPPY BABY HEAVY METALS

• Apple & Broccoli Puffs
• Banana & Pumpkin Puffs
• Blueberry Beet Rice Cakes
• Kale & Spinach Puffs
• Multi-Grain Cereal
• Organic Baby Cereal, Clearly Crafted Whole Grains
• Organic Oats & Quinoa Baby Cereal Whole Grains with Iron
• Organic Rice Cakes Puffed Rice Snack
• Organic Simple Combos Apples, Spinach & Kale
• Pea Spinach Teether Biscuit
• Purple Carrot & Blueberry Puffs
• Strawberry & Beet Puffs
• Superfood Puffs - Sweet Potato & Carrot Organic Snack
• Superfoods Puffs - Apple & Broccoli Organic Snack
• Sweet Potato & Carrot Puffs

Plum Organics Heavy Metals

• Grow Well Muscle
• Grow Well Tummy
• Little Teethers Blueberry
• Mighty Morning Bar Blueberry Lemon
• Mighty Snack Bars Strawberry
• Mighty Sticks Apple Carrot
• Super Puffs Apple with Spinach
• Super Puffs Blueberry with Purple Sweet Potato
• Super Puffs Mango with Sweet Potato
• Super Puffs Strawberry with Beet
• Teensy Snacks Berry

Sprout Organic Food Heavy Metals

The U.S. House Oversight and Reform Subcommittee on Economic and Consumer Policy issued a second government report on baby foods in September of 2021. In the report, the Subcommittee noted that Sprout Foods’ practices “appear to be the most reckless among baby foods sellers on the market…The handful of documents that Sprout provided displayed a lax approach to testing for toxic heavy metals in its baby foods.”

Parent’s Choice (WALMART) HEAVY METALS

The second government report on baby foods found that Walmart (Parent’s Choice) “does not appear to conduct any testing of its baby food products for toxic heavy metals. Instead, it sets maximum toxic heavy metal levels and asks the manufacturer of Walmart’s private label to self-certify that products meet those levels.”

Other testing has found the following Walmart baby food products contain heavy metals:

• Carrot Stage 2, 6 months (Parent's Choice)
• Little Hearts Strawberry Yogurt Cereal Snacks Stage 3 (Parent's Choice)
• Organic Strawberry Rice Rusks (Parent's Choice)

Baby Food Recall Announcements

Despite being called out in multiple baby food heavy metals reports, Gerber, Plum’s Organic, and other manufacturers have failed to recall products tainted with dangerous amounts of arsenic, lead, cadmium, and mercury. Below we profile some of the baby food recall announcements. We will update this list as the FDA issues new baby food recall alerts.

Beech Nut Baby Food Recall

On June 8, 2021, Beech Nut issued a voluntary recall for its infant rice cereal because levels of arsenic in baby food products surpassed the FDA’s maximum allowable limit of 100 part per billion. In addition, Beech Nut announced that it will no longer sell infant rice cereal.

The implicated product in the 2021 Beech Nut recall is the Single Grain Rice Cereal item (UPC 52200034705) which carries the expiration date 01MAY2022 and product codes 103470XXXX and 093470XXXX. The product codes and expiration dates can be found at the bottom of Beech Nut Single Grain Rice Cereal product containers.

According to Happy Babies Bright Futures, this was the first ever recall of infant rice cereal due to high levels of arsenic.

Beech Nut’s baby food recall announcement came just a day after the Attorney General for New Mexico filed a lawsuit against Beech Nut and other companies. Like a previous complaint filed in April by Washington D.C.’s Attorney General Karl Racine, the lawsuit accuses the defendants of marketing and selling baby foods contaminated with high levels of arsenic, cadmium, lead, and mercury. The lawsuits seek restitution and other legal remedies for failing to warn consumers about the dangerous levels of heavy metals in baby foods.

Walmart Baby Food Recall

On October 8, 2021, Maple Island, Inc., which manufactures Parent’s Choice Rice Baby Cereal for Walmart, issued a recall on three lots. The Parent’s Choice Rice Baby Cereal 8 oz lots subject to the recall were sold after April 5, 2021.The products listed in the October 2021 Walmart recall include:

• Lot 21083 | UPC Code #00681131082907 | Best if Used by Date: JUN 24, 2022
• Lot 21084 | UPC Code #00681131082907 | Best if Used by Date: JUN 25, 2022
• Lot 21242 | UPC Code #00681131082907 | Best if Used by Date: NOV 30, 2022

Gerber Baby Food Recall

As of May 2023, Gerber has failed to issue a recall over toxic metals in the company’s baby food products. Gerber’s unwillingness to issue a recall is particularly concerning because the government baby food report issued in September of 2021 said Gerber “should recall two infant rice cereal product codes and consider discontinuing sales of its rice cereal.”

The FDA posted a Gerber recall alert on May 14, 2023 due to the potential presence of a bacteria capable of causing harm. This announcement was not related to heavy metals, however.

According to the FDA announcement, certain batches of Gerber Good Start SootheProTM Powdered Infant Formula manufactured in the U.S. were recalled out of an abundance of caution due to the potential presence of Cronobacter sakazakii.

Cronobacter sakazakii can be harmful, particularly to premature infants, infants under 2 months of age, or infants with weakened immune systems, as they may experience fever, poor feeding, excessive crying or low energy as well as other serious symptoms.

Below are the affected Lots and “Use By” dates for the recalled products:

Gerber Good Start Infant Formula SootheProTM 12.4 oz:

• 300357651Z – USE BY 04JUL2024
• 300457651Z – USE BY 05JUL2024
• 300557651Z – USE BY 06JUL2024
• 300557652Z – USE BY 06JUL2024
• 300757651Z – USE BY 08JUL2024
• 300857651Z – USE BY 09JUL2024
• 301057651Z – USE BY 11JUL2024
• 301057652Z – USE BY 11JUL2024
• 301157651Z – USE BY 12JUL2024