Founded in 1927, Gerber has been a staple in the baby food industry. Holding the lion’s share of the market, Gerber has been trusted by parents nationwide and throughout the globe for generations. Recent studies, however, allege that Gerber baby food products may be tainted with unsafe levels of toxic heavy metals, including arsenic, lead, and mercury.
Exposure to these heavy metals has been linked with an increased risk of certain neurological and developmental disorders. Parents of children who were diagnosed with autism, ADHD, and other conditions may be eligible to file a legal claim against Gerber (parent company Nestle).
This page will cover the basis of the Gerber baby food lawsuit, how toxic heavy metals were detected in baby food, and who qualifies to file a legal claim. Litigation remains ongoing, with the number of potential claimants expected to grow in the coming months.
Wisner Baum offers free consultations to parents who believe their children developed autism and/or ADHD after consuming substantial amounts of Gerber or other toxic baby food products. We are committed to holding baby food manufacturers accountable and pursuing compensation for families affected by these harmful products.
August 2025: Baby Food Products MDL Continues to Grow
There are now over 200 actions pending in MDL No. 3101 - In Re: Baby Food Products Liability Litigation. Parents have filed hundreds of lawsuits alleging that major baby food companies, like Gerber, knowingly sold products that contained elevated levels of toxic heavy metals. The MDL was established in 2024 as related claims began to be filed in courts throughout the US. It is anticipated that the number of pending actions will continue to grow due to the widespread number of parents who fed their children baby food products potentially contaminated with these metals.
May 2025: Virginia Passes Law to Regulate Heavy Metals in Baby Food Products
Virginia has become the third state in the nation to pass a law that restricts the levels of heavy metals that can be found in baby food products. The Baby Food Protection Act requires baby food manufacturers to test for toxic heavy metals, including arsenic, lead, and mercury, and to make the results available via a QR code on the label. Maryland and California have similar laws on the books.
May 2025: Studies Show Gerber Baby Food Fails to Meet California’s Standards
According to a new report published by Reuters, testing results show that some Gerber baby food products exceed the limits established by the state of California as safe. The state requires baby food manufacturers to test their products and publish results. The report indicated that Gerber’s 2nd Foods carrots exceeded California’s maximum limit of 0.5 micrograms of lead per day.
April 2025: Baby Food Products Liability MDL Allowed to Move Forward in Win for Parents
U.S. District Judge Jacqueline Scott Corley has said that the Baby Food Products Liability MDL out of the Northern District of California will move forward. Parents will be allowed to bring claims against baby food manufacturers for their alleged heavy metal contamination. Studies show that most commercial baby food, including that sold by Gerber, contains unsafe levels of toxic heavy metals and that exposure to these metals can cause an increased risk of autism, ADHD, and other neurological or developmental conditions.
January 2025: FDA Establishes First-Ever Action Levels for Lead in Baby Food Products
The U.S. FDA issued its final guidance on January 6, 2025, establishing action levels for lead in processed baby food products. This is the first time the FDA has set specific limits for lead in baby food, a significant step in the agency's Closer to Zero initiative launched in 2021 to reduce toxic heavy metals in foods consumed by infants and young children.
The new action levels set lead limits at 10 parts per billion (ppb) for most baby food products, including fruits, vegetables (excluding single-ingredient root vegetables), mixtures of fruits and vegetables with grains or meat, yogurts, custards, puddings, and single-ingredient meats. For single-ingredient root vegetables like carrots and sweet potatoes, the limit is set at 20 ppb, as these products naturally contain higher lead levels due to soil contamination. Dry infant cereals also have a 20 ppb limit.
While these action levels are not legally enforceable, they serve as benchmarks that the FDA may use when considering enforcement actions against manufacturers whose products exceed these limits. The guidance does not cover infant formula, beverages, or snack foods like puffs and teething biscuits. Baby food lawyers and consumer advocacy groups have criticized the guidance as insufficient, noting that the FDA estimates these voluntary guidelines would reduce children's total dietary lead exposure from baby foods by only 20-30%. Health experts emphasize that no level of lead is considered safe for infants and toddlers.
The Gerber baby food lawsuit alleges there are dangerous levels of heavy metals in the products it markets and sells. According to scientific reports, exposure to these heavy metals, which include arsenic, lead, and mercury, can cause neurological, behavioral, and developmental harm in infants and children, even at low levels.
Legal claims filed nationwide allege that Gerber knew of the toxic heavy metals present in its products and failed to warn parents about the dangers of consumption or potential for harm. Now, parents of children with autism, ADHD, and other developmental issues are taking action against Gerber, accusing it of selling dangerous products while marketing them as safe.
Hundreds of these claims have been consolidated into a multidistrict litigation out of the Northern District of California. The MDL process helps to streamline the pre-trial process for cases with a similar question of fact, while still allowing claimants to receive individualized compensation based on the specific facts of their case.
After receiving reports that commercial baby food products marketed and sold in the United States contained concerning levels of heavy metals, the Subcommittee on Economic and Consumer Policy sent a request to seven of the largest baby food manufacturers in the country for internal documents and testing. Four of the companies, including Gerber (which holds the largest market share in the industry), responded to the inquiry.
According to the 2021 House Oversight and Reform Subcommittee on Economic and Consumer Policy Report, the majority of commercial baby food products in the US are tainted with elevated levels of arsenic, lead, or mercury. In many instances, products have unsafe levels of more than one heavy metal. In fact, ingredients used by Gerber had arsenic levels as high as 90 ppb and 48 ppb lead. 65% of Gerber’s carrots tested had cadmium levels exceeding 5 ppb, while some contained levels as high as 87 ppb. The company rarely tested for Mercury, despite its toxic qualities.
A follow-up report issued by the oversight committee in September 2021 called on Gerber to recall and discontinue the sale of its rice cereal after testing showed it averaged 87.43 ppb inorganic arsenic. Gerber’s Organic Rice Cereal also contained dangerous levels of inorganic arsenic, despite its more expensive price.
These reports prompted calls for regulatory action at the state and federal levels. The FDA announced the Closer to Zero initiative in 2021 and continues to work on providing action levels for heavy metals in baby and toddler foods. In January 2025, the FDA announced final guidance on lead action levels. According to its guidance, baby food containing fruits, vegetables (except single-ingredient root vegetables), mixtures, yogurts, puddings, and meats should contain no more than 10 ppb lead, while single-ingredient root vegetables and dry infant cereals should have no more than 20 ppb.
The 2021 Congressional Report found high levels of toxic heavy metals (arsenic, lead, and mercury) in Gerber baby food products. Exposure to these metals can cause permanent harm in children, particularly when it comes to neurological development. They have been linked with diminished IQ, behavioral issues, autism, and ADHD.
Arsenic was present in all baby food tested, according to the oversight committee. Exposure to the substance has been linked with central nervous system damage and diminished cognitive development in children. There is no safe level of consumption for inorganic arsenic, according to the report. Despite concerns over the toxicity of the heavy metal, Gerber routinely used rice flour with levels of arsenic in excess of 90 ppb.
Most health experts agree that baby food products should not contain more than 1 ppb lead. In January 2025, however, the FDA set action levels at 10 ppb for most baby food products and 20 ppb for single-ingredient root vegetables and dry infant cereal. Even with these higher limits, Gerber still regularly used products that exceeded them. In fact, Gerber used ingredients with lead levels as high as 48 ppb and sweet potatoes in excess of 20 ppb.
Mercury exposure can have devastating effects, including increasing a child’s risk of developing autism and/or ADHD. Despite the potential harm, most baby food manufacturers, including Gerber, do not regularly test their products or ingredients for the metal.
Several Gerber baby food products have been named in lawsuits throughout the country due to their elevated levels of toxic heavy metals. In particular, a follow-up to the 2021 Congressional Report called for Gerber to recall and discontinue the sale of its Rice Cereal and Organic Rice Cereal. Both products had high levels of inorganic arsenic.
An investigation by Healthy Babies Bright Futures (HBBF) found that 95% of all commercial baby food sold in the US contained at least one heavy metal. Gerber was no exception.
Heavy metal levels detected in Gerber products by HBBF:
While regulatory agencies have called on Gerber to recall certain products containing high levels of toxic heavy metals, including its rice cereal and organic rice cereal, the company has not issued any brand-wide alerts or discontinued any products.
The most recent recall by Gerber was related to a potential choking hazard. In January 2025, the company recalled its SOOTHE N CHEW® TEETHING STICKS after receiving consumer complaints of choking incidents. The strawberry apple and banana flavors were subject to the recall and were discontinued.
While Gerber has not issued widespread recalls related to the heavy metals potentially present in its baby food products, it does not prevent parents of children who have been diagnosed with autism, ADHD, or other developmental conditions from taking legal action. Affected families are encouraged to contact an attorney to determine whether they have a valid claim for compensation.
Gerber is one of the most trusted baby food companies in the country. Used by multiple generations, the baby food manufacturer has captured the majority of the market share, meaning that many families likely fed their children products that were potentially tainted with heavy metals. Parents of children who regularly consumed Gerber baby food and were later diagnosed with a developmental disorder, such as ADHD and/or autism, may have a valid claim for compensation.
Families are encouraged to consult with an attorney as soon as possible to determine whether they meet the eligibility requirements to file a claim.
Hundreds of baby food lawsuits have been consolidated into multidistrict litigation in California. An MDL groups cases with a similar question of fact together to help streamline the pretrial process. It also allows for bellwether trials, which are cases selected to test the legal theory of the claim. The outcomes of the bellwether trials can help claimants see how a jury may rule on their case and may influence settlement or payout decisions.
While an MDL groups cases together for the pre-trial process, it does not preclude individualized compensation. The potential payout in a case will be determined by claims for damages, which may include lost income, medical bills, reimbursement for speech and occupational therapies, and more.
Individuals who file Gerber baby food lawsuits may be eligible for compensation. The amount of compensation a family may receive will depend on several factors, including the severity of the child’s diagnosis, the ability to prove exposure to heavy metals in Gerber baby food, and the amount of verifiable damages. The best way to determine the potential value of a Gerber baby food lawsuit is by consulting with an experienced attorney.
Potential compensation in a Gerber baby food lawsuit:
Families that are interested in taking legal action against Gerber should consult with an attorney as soon as possible. An attorney can help determine eligibility and provide guidance on the legal process. It is important to act quickly, as claimants have a limited amount of time to file an independent lawsuit or join the existing MDL.
Steps to file a toxic baby food claim against Gerber:
Parents of children diagnosed with autism, ADHD, or other developmental conditions after consuming Gerber baby food products are encouraged to contact Wisner Baum for a free consultation. The attorneys at Wisner Baum are highly experienced in toxic baby food lawsuits and will fight for justice, working to hold Gerber accountable for any potential wrongdoing. It is essential to act quickly to ensure prompt filing of the case. Contact Wisner Baum today to schedule an initial case evaluation.
Despite calls for Gerber to issue a recall and discontinue the sale of certain products, the company has not issued a recall over toxic heavy metals. Recalls have been issued for other reasons, such as teethers with a potential choking hazard, but none have been issued related to the potential for heavy metal contamination.
Children diagnosed with developmental or behavioral conditions, such as ADHD and autism, may qualify for a Gerber baby food lawsuit. The best way to determine eligibility is by consulting with an experienced attorney.
Independent testing has shown Gerber baby food may contain elevated levels of toxic heavy metals, including arsenic, lead, and mercury. Health experts agree that exposure to these heavy metals may cause an increased risk of certain developmental disorders, including autism and ADHD.
Heavy metals found in Gerber baby food products include arsenic, lead, and mercury. Exposure to these heavy metals can have devastating, potentially irreversible effects on children whose brain function is still developing.
The best way to file a Gerber baby food lawsuit is by consulting with an attorney. An attorney can help determine eligibility, provide guidance on the legal process, and fight to secure compensation.
Evidence that may be needed in a Gerber baby food lawsuit includes medical records proving diagnosis of a qualifying condition, feeding logs, proof of purchase of Gerber products, financial statements, and any evidence that can prove the child regularly consumed Gerber baby food products.
Parents of children diagnosed with autism, ADHD, or another qualifying disorder after consuming Gerber baby food products regularly may be eligible for a toxic baby food lawsuit.
Compensation in a Gerber baby food lawsuit may include recovery for economic and non-economic damages. Economic damages include things like medical expenses, costs of future care or treatment, specialized education expenses, lost wages, and other out-of-pocket losses. Non-economic damages include compensation for pain and suffering, loss of quality of life, and emotional suffering.
While it is not required to have an attorney to file a Gerber lawsuit, it is strongly recommended. An attorney can help to ensure that an affected family receives the largest compensation available based on the circumstances of the case.
Gerber and other baby food manufacturers are facing hundreds of lawsuits based on reports of heavy metals in its baby food products. Litigation is ongoing.
Internal and independent testing confirms that many Gerber food products contain at least one heavy metal, including arsenic, lead, or mercury. In some cases, the products contain toxic heavy metal levels exceeding limitations set by regulatory agencies or consumer advocacy groups.
"Wisner Baum gave exceptional attention to all aspects of the case, detailed inquiry, and tenacious overview of all the information submitted. The paralegals are efficient and diligent. I was completely surprised to find an empathic personal message to take care of my own health during the challenging time of being a full-time caretaker.*"
In May of 2019, the jury in the case of Pilliod et al. v, Monsanto Company ordered the agrochemical giant to pay $2.055 billion in damages to the plaintiffs, Alva and Alberta Pilliod, a Bay Area couple in their 70s. R. Brent Wisner served as co-lead trial attorney for the Pilliods, delivering the opening and closing statements and cross-examining several of Monsanto’s experts. Wisner Baum managing shareholder, Michael Baum and attorney Pedram Esfandiary also served on the trial team in the Pilliod case.
The judge later reduced their award to $87M. Monsanto appealed the Pilliod’s verdict which the California Court of Appeal for the First Appellate District denied on August 9, 2021. Monsanto then requested the California Supreme Court review the appeal’s court decision, which the court denied on Nov. 17, 2021. Monsanto (Bayer) then submitted a petition for a writ of certiorari with the U.S. Supreme Court which SCOTUS denied on June 27, 2022, allowing the final judgment of $87M to remain intact.
$289.2 million jury verdict in Monsanto Roundup trial
Wisner Baum co-represented Dewayne “Lee” Johnson in the first Roundup cancer lawsuit to proceed to trial. On Aug. 10, 2018, a San Francisco jury ordered Monsanto to pay $39.25 million in compensatory damages and $250 million in punitive damages to Mr. Johnson, a former groundskeeper who alleged exposure to Monsanto’s herbicides caused him to develop terminal non-Hodgkin lymphoma.
Months after the jury verdict, the judge overseeing the trial reduced the punitive damages to $39.25 million. Mr. Johnson decided to accept the remittitur, bringing the adjusted amount awarded to Mr. Johnson $78.5 million.
Monsanto (Bayer) appealed the verdict and Johnson cross appealed. On July 20, 2020, the First Circuit Court of Appeals upheld the verdict against Monsanto but reduced Mr. Johnson’s award to $20.5 million. The company chose not to take the case to the U.S. Supreme Court, ending the litigation.
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.
