Baby Food Lead Lawsuit

There are parents who have children who have been diagnosed with autism, ADHD, or other conditions. Many believe this is a result of consuming one of these baby food products. They may be eligible for a free case review to know if they'll qualify for a lawsuit.

This is an active and ongoing mass tort. Courts are still looking at the science, so no outcome or compensation can be guaranteed.

Widespread contamination among top brands was detected by both non-profit testing and a congressional investigation. Levels were reported to be higher than federal limits for some other products.

Congressional Report Findings (2021)

A House subcommittee reviewed internal test records from different companies. Their findings corroborated the earlier contamination results.

According to critics, the FDA has been too slow in establishing clear limits on the amount of heavy metals in baby food. Following research that identified food as a major source of lead exposure in children, the FDA established a working group in 2017.

Probes also showed that major companies conducted internal tests that detected metal levels. They still sold baby food products with levels well above what most health experts deem safe for infants. Congressional investigators said the FDA was concerned and responsive when shown the findings.

Healthy Babies Bright Futures Report (2019)

A nonprofit did a multi-brand testing project that included different products across a range of brands. The metals were detected in almost all the brands. It's these findings that prompted the congressional probe.

Research into 168 baby food products revealed 95% contained at least one heavy metal. One-fourth of them had all four toxic metals. Cadmium was seven times higher in soy formula than in the other types of formula. 60% of the products tested contained BPA, including those that were labeled BPA-free.

Lead, Arsenic, Cadmium & Mercury Levels by Brand

There were differences in the amount of contamination among brands and product types. Some products tested higher than others.

Between 2003 and 2013, FDA tested baby food samples and found lead in 20%, EWG reported. The article also states that even when ingested in small doses, lead exposure may add up over time. This supports the worry that additional exposure from contaminated products could increase the total lead exposure of children.

FDA and EPA Safety Limits Compared to Baby Food Test Results

Federal limits for metals in bottled water were used as a reference point. In many cases, the test results for baby food went far above those limits.

Government probes reviewed some baby-food heavy-metal tests using federal limits as a reference. Some products had arsenic up to 91 times the drinking water limit and lead up to 177 times that limit. These metals have been linked to behavioral issues and a decrease in children's performance in school.

Lawmakers have considered caps as low as 10 parts per billion for arsenic and 5 parts per billion for lead and cadmium in baby food. Many products tested in the congressional investigation would not have met these proposed limits.

Why Rice-Based Baby Foods Have Higher Lead and Arsenic Levels

Unlike other crops, rice readily accumulates arsenic and heavy metals in soil and water. This is why rice cereal and rice snacks are often major concerns in baby food testing.

In 2020, the FDA set a limit for inorganic arsenic in rice cereal at 100 parts per billion. Heavy metals, such as lead, arsenic, cadmium, and mercury, can cause permanent damage to developing brains and may result in lifelong learning and behavioral issues. That FDA limit was ten times the limit allowed in bottled water.

Recalls Linked to Lead Contamination

After high lead levels were found in baby food products, several have been pulled off shelves. For the latest information on recalled or unsafe infant products, parents should consult the FDA's website.

Lead is a toxin, and there's still no known safe level of lead for children. The first three years of life are an important period of brain development. Exposure during this period may have an impact on the child's growth in the long term.

Mercury is a toxin that affects the entire body, but is especially toxic to the developing brain and nervous system of a child.

Autism Spectrum Disorder (ASD)

Lawsuits claim infants exposed to high levels of heavy metals run a greater risk of developing autism. Whether there is a clear causal link is still in dispute, both in science and in court. There's no proven case of any maker causing a child's autism yet.

ADHD

Research has found a link between exposure to lead, cadmium, and attention and behavior problems in children. These are associations, not proven causes for any child.

Increased Cancer Risk

Arsenic and cadmium have been shown to be carcinogenic. This means they can cause cancer. Infants may be more vulnerable to their toxic effects because their bodies are smaller.

For some carcinogens, the EPA sets a non-enforceable public health goal of zero exposure. In 2001, the agency reduced the level allowed in drinking water from 50 to 10 parts per billion.

Brain Development, Behavioral & Cognitive Effects

Children exposed to high levels of heavy metals may experience poorer cognitive functioning, learning delays, and motor skill issues.

Research shows that heavy metals like arsenic, lead, mercury, and cadmium show up in baby food. These toxins can have adverse effects on brain development in young children at high levels. The FDA focuses on baby food because infants' small body size puts them at greater risk.

Any amount of lead may pose health risks, however small. Children younger than 6 are particularly vulnerable, as lead can have an impact on the growth of the brain and body. So, even low levels of exposure to lead can have a negative effect in the long run.

Expert and Agency Statements on Lead Safety

Leading health organizations agree that there is no safe blood lead level for children.

The EPA says lead is toxic and no safe level in children has been identified. Lead can cause harm to nearly every organ and system in the body. Children are very sensitive to it, and even low levels of it have been shown to be harmful.

CDC

The CDC has found no safe blood lead level in children.

FDA

The FDA recognizes no known safe blood lead level for children. It also has programs that address toxic elements in food for young children.

WHO

The World Health Organization also says there is no known safe level of lead in children. Low levels can be associated with decreased IQ, learning difficulties, and changes in behavior. Young children can absorb up to five times more lead than adults from the same amount consumed.

WHO also reports that a blood lead level of 3.5 micrograms per deciliter (µg/dL) may be linked to reduced intelligence, behavior problems, and learning difficulties.

American Academy of Pediatrics

The American Academy of Pediatrics links even low blood lead levels to lasting cognitive effects in children.

There is some evidence that heavy metals could affect brain development and may increase the risk of autism and ADHD. Several studies back up this theory. Many plaintiffs use these studies as evidence in their cases.

However, a federal MDL judge recently excluded most plaintiff experts. The judge found their methods did not show a close enough connection between the general metal studies and baby food specifically. This was a major setback for most cases.

To move forward, they may consider appeals or new expert filings. The path isn't clear yet.

Some studies of hair, urine, and blood report associations between mercury levels and autism. Combining multiple studies, some researchers found significant associations between certain metals and autism. Some said these findings help support efforts to reduce children's exposure to toxic metals.

Korean Study on Mercury Exposure and Autism

Early-life mercury exposure was associated with increased risk for autism in one cohort study.

University of Buffalo Study on Arsenic and Autism

A study was done on the effects of early exposure to inorganic arsenic. The findings linked early exposure to higher rates of autism and weaker cognitive function in children.

SUNY Study on Cadmium, Mercury and Autism

A review and analysis found links between cadmium and mercury exposure and autism risk.

2016 Consensus Statement on Toxic Chemicals and ASD

A group of experts from various disciplines determined that certain heavy metals were chemicals of concern that impair brain growth and may be associated with autism.

The MDL judge excluded a number of plaintiffs' general causation experts. This was a major blow to the causation theory in these cases. What happens next in the case depends on whether there are appeals or new expert filings. No settlement has been announced at this time.

Multidistrict Litigation (MDL) Overview

Federal cases have been grouped before one judge for pretrial matters, such as disputes over causation evidence.

Many lawsuits have been consolidated into MDL 3101 in California. Some of the named brands are Beech-Nut, Gerber, Earth's Best Organic, Happy Family Organics, HappyBaby, Plum Organics, Sprout Organic Foods, and Walmart's Parent's Choice. The claims in the lawsuits are that these companies sold products with heavy metals that may have led to brain damage showing up as ASD or ADHD in children.

Current Case Count

The number of filed cases has grown and changed over time. There are public updates and documents on the current status on the official court page. In re: Baby Food Products Liability Litigation.

Daubert / General Causation Hearing Rulings

The judge held hearings to determine which expert witnesses will be allowed to testify. The ruling cut most of the expert testimony plaintiffs planned to use.

State Court Cases (California, Georgia, Texas)

Separate cases are ongoing in California, Georgia, and Texas state courts. These are under different rules from the federal MDL.

Recent Court Rulings and Appeals

Courts have ruled on where some cases can be heard. Plaintiffs may appeal the ruling that excluded their experts or submit new expert evidence. Companies say it's natural to find a small amount of heavy metals in food, and that their products are safe. They claim that detectable metals do not mean that a product is defective.

If your child ate one of the named brands and was later found to have autism, ADHD, or another condition, you may want to find out if you qualify.

Qualifying Criteria

A claim may be possible if:

• Your child ate any of the named brands when they were an infant or a toddler

• Your child was later diagnosed with autism, ADHD, or a similar condition

• You have or can get documents, such as purchase or medical records, to support the claim

Statute of Limitations

Deadlines vary across states. In some states, they may pause the clock for minors until they reach the age of 18. However, there are exceptions.

It's best to talk to a baby food lead poisoning lawyer as soon as possible to protect your options.

There's no baby food lead poisoning lawsuit that has gotten to a verdict or a global settlement yet. So, there are no definite figures at this time, only speculative ones.

How Settlement Values Are Estimated

Lawyers sometimes compare with other injury cases to estimate value. This is the closest type of case, because there is no direct comparison yet.

Comparable Birth Injury Case Values

Some potentially comparable cases involve birth injuries with lasting brain harm that are not tied to physical disability. However, they can only serve as a rough guide.

Factors That Could Affect Settlement Amounts

There are different factors that may affect case value. Some of them include:

• How severe the child's condition is

• The strength of the causation evidence after expert rulings are done

• The financial capacity of the defendants

• Whether the case settles or goes to trial

The process can be complex. The bulk of the work is handled by a lawyer.

Step 1: Free Case Review

A lawyer goes over your case, including your evidence, for free. You don't need to make any commitment.

Step 2: Collect Evidence and Medical Records

The legal team gathers evidence to document that the child consumed the product. Other important records they may ask for include the child's clinical history and diagnosis records.

Step 3: File the Lawsuit

A lawyer files in the right court and keeps track of all relevant deadlines.

Step 4: Settlement Negotiation or Trial

The goal for a lot of cases is a negotiated result. If the parties are not able to reach a deal, the case may proceed to trial.

These lawsuits do not mention all brands. Some brands report additional testing and ingredient-control measures. References to these brands are based on publicly available information and third-party sources and are not an endorsement or guarantee of product safety.

Once Upon a Farm

Once Upon a Farm focuses on ingredient testing and uses third-party contaminant checks. Their products contain no preservatives, so they need to be kept cold.

Yumi

Yumi says it carries out tests on both raw ingredients and finished products. It also screens the soil sources of its ingredients.

Little Spoon

Little Spoon is a delivery-based brand. It places a strong emphasis on freshness and quality control, and uses no preservatives.

Tips to Reduce Heavy Metal Exposure

Limit fruit juice, especially grape and apple juice. Try to cut back on rice-based products as much as possible. Mix up the types of grains and foods your child eats.

If your child ate baby food as an infant and was later found to have autism, ADHD, or another condition, you may have legal options worth looking into.

If you want to know how to join the baby food lead lawsuit, the first thing to do is to get a free case review. If you are looking for a law firm for a baby food lead lawsuit, you can get a free, private review, cases may be referred to other firms where appropriate. Moving forward is completely your decision.

Attorney fees are only collected if money is recovered; clients may still be liable for opposing parties' fees and costs. You don't pay any upfront attorney fees.

Your review is free, does not establish an attorney-client relationship, and creates no obligation to file. Reaching out does not mean you will qualify or that any result is certain. This page provides legal information and does not constitute legal advice.

Get a Free Consultation for a Toxic Baby Food Lawsuit.