Toxic Baby Food Lawsuit

Whether you’re eligible or not depends on a number of factors. These include your child’s diagnosis, the products they consumed, how often, and your state’s deadline. If you want to know if your case may qualify, a legal review can help you find out.

The companies listed below have been named in lawsuits or government investigations. If a company is named in a suit, that does not necessarily imply it caused any child’s condition. The claims are not yet proven.

Beech-Nut

Lawsuits stem from concerns about Beech-Nut’s arsenic, lead testing, ingredient standards, and disclosures. Some claims have focused on rice cereal.

Gerber

Gerber claims include everything from cereals to purees and snacks. In one California lawsuit, it was alleged that one serving of some Gerber products contained high levels of lead. They claimed that it could be up to three times the amount of lead deemed safe for an adult in one day.

And that a six-to eight-month-old baby was being exposed to this. Lawsuits also claim Gerber did not act on the test data it had.

Earth’s Best Organic (Hain Celestial)

Hain Celestial is the company that makes Earth’s Best. The products are marketed as organic, but lawsuits claim they have been tainted.

Internal records showed that processing increased inorganic arsenic levels by up to 93% in some products. A product being sold as organic does not imply heavy metal-free.

Happy Family Organics / HappyBABY (Nurture)

Claims against Nurture are based on testing and metals in foods labeled healthy or organic. Lawsuits claim these companies failed to minimize or reveal the levels of metals in their products.

Parent’s Choice (Walmart)

Parent’s Choice is sold under the Walmart brand. Lawsuits allege that Walmart should have had a duty in how those products were made, tested, and sold. Claims are about ingredients, testing, and what parents were told.

Plum Organics (Campbell Soup)

Campbell Soup was affiliated with Plum Organics at the time of the events in question. Claims included testing, warnings, and the truth of safety claims to parents.

Sprout Organic Foods

Lawsuits claim Sprout’s testing and disclosure did not safeguard parents. They also say that the company didn’t adequately inform them about levels of metals in the products.

Retailer Liability (Whole Foods, Amazon, Target)

Additional retailers such as Whole Foods, Amazon, and Target could be liable in certain states. There is no automatic liability for selling a product. Whether there is retailer responsibility is governed by state law.

Small children are more vulnerable to repeated exposure to heavy metals. They have a smaller body size and brains that are still developing. However, just because there is a metal in the product does not mean it is harmful.

Food companies have asserted that the presence of small traces of heavy metals in food can be a natural occurrence. They claim that the presence of detectable levels does not make food products unsafe.

Arsenic

The more toxic form is inorganic arsenic. In rice-based products, it is found at higher levels. Inorganic arsenic levels in some rice snacks can exceed 100 parts per billion. That is ten times the limit for bottled water.

Researchers found links between early-life inorganic arsenic exposure and higher rates of autism in the studies they reviewed. Both lead and arsenic have been shown to impair brain development and have an impact on children’s thinking and behavior.

Lead

The World Health Organization says there is no known safe level of lead in children. Low levels can be associated with reduced IQ, learning difficulties, and behavior changes. Even when children consume the same amount of lead as adults, they can absorb up to five times more of it.

Cadmium

Cadmium accumulates in the body over an extended period of time. It is associated with kidney and bone diseases. Researchers discovered that the exposure to cadmium from six popular baby foods was above the federal chronic safety limits for children between 6 and 60 months of age.

Children between ages 2-5 may be at the highest risk of exposure. This is because they tend to consume larger quantities of food that may contain the metal.

Mercury

The mercury form most often associated with nerve damage is called methylmercury. Pregnant women who are exposed might be at increased risk for stillbirth and birth defects or significant nerve damage to their babies, even if the mother appears to be healthy, researchers have said. It can pass through the placenta and build up at higher levels in the baby’s brain than in the mother.

Exposure to mercury vapors has been shown to impact the nervous system in children in some studies. Some patients experience long-term effects such as anxiety, irritability, and vision problems.

FDA & EPA Safe Exposure Limits vs. Baby Food Test Results

Heavy metal limits vary according to product. Water restrictions are NOT the same as food restrictions. Lawmakers have talked about caps as low as 10 parts per billion for arsenic and 5 parts per billion for cadmium and lead in baby food. Many baby foods tested historically would not have met these proposed limits.

The EPA’s health goal for arsenic in drinking water is zero. According to the agency, it’s because even small amounts may still carry cancer risk. They lowered the allowed level from 50 to 10 parts per billion in 2001.

Up to 91 times the legal arsenic limit for water, and up to 177 times the legal lead limit for water, were found in some baby foods in government probes. The metals have been associated with behavior problems and a decrease in school performance.

The FDA set an action level for inorganic arsenic in rice cereal at 100 parts per billion in 2020. That is ten times the limit for inorganic arsenic in bottled water, as noted by experts.

Infants are more at risk than adults. They have small bodies and developing brains. The first three years of life are a key window. Some exposure during this period could have a long-lasting impact.

Heavy metals can interfere with brain development in young children, which can delay and hinder brain growth. The FDA is especially vigilant about baby food because of the increased risk for infants due to their small body size.

Autism Spectrum Disorder (ASD)

The claims of the lawsuits suggest that heavy metals in baby food may have contributed to autism. That connection has not been established in a court of law and is still disputed. Researchers say that the causes of autism are complicated and are probably linked to both genes and environment.

However, researchers combined results from multiple studies and made other findings. They concluded that there were significant associations among all the metals tested and autism. Children with autism had more mercury in their hair, urine, and blood.

Studies showed that autistic children were much more likely to have speech and language difficulties. Researchers still note that genetic and environmental factors may contribute to autism.

ADHD

With ADHD, there are problems with focus, impulse control, and activity levels. There is some evidence that exposure to metals is associated with attention disorders in children.

Researchers found links between certain environmental exposures and both autism and ADHD. Those exposures in the studies reviewed were associated with about a 66% increase in the risk of autism and a 60% increase in the risk of ADHD. Environmental mercury was moderately associated with both diseases.

IQ Loss & Cognitive Impairment

A review of 24 studies revealed a consistent association between arsenic exposure and reduced IQ and cognitive function in children. Infancy to adolescence is a sensitive time. There may be long-term consequences for brain development and growth due to arsenic exposure at this stage.

Other Neurodevelopmental & Physical Effects

Exposure to heavy metals has also been linked to delays in development, behavioral and motor issues, and growth effects. As per Consumer Reports in 2023, while some infant food products’ levels decreased, the overall risk to children remained fairly similar over the last five years.

Just because a claim is filed does not mean it will be accepted, settled, or go to trial. Here is a general overview of what the process looks like.

Step 1 – Free Case Evaluation

A lawyer reviews your child’s diagnosis, feeding history, brands, timing, state, and deadlines. They also examine any risk factors that come into conflict with each other. This step will help determine if your case has a chance to proceed.

Step 2 – Gathering Medical & Purchase Records

You need to start gathering your child’s medical records, therapy notes, and school records. Purchase records can also come in handy. If you want to be sure of the brands you use, review order histories, any previous receipts, and pictures of the product.

Feeding schedules and the caregiver’s notes may also help to substantiate the claim.

Step 3 – Filing the Claim

A lawyer selects the most suitable defendants, court, and legal claims. Typically, these involve product defect, failure to warn, negligence, breach of warranty claims, and claims under consumer protection laws.

Step 4 – Settlement Negotiation or Trial

Following the case filing, a case goes through discovery, expert review, and motions. Many civil cases settle before trial.

Experts can facilitate the resolution of claims at an early stage. There is the possibility of a trial.

There are a lot of toxic baby food cases that have been compiled into one group. But each family’s case remains a separate one.

What Is an MDL (Multidistrict Litigation)?

An MDL is a Multi-District Litigation. It combines together related federal cases for common discovery and pretrial proceedings. All the plaintiffs maintain separate cases.

In California, several lawsuits against big baby food companies have been consolidated in MDL 3101. Some of the brands named are Beech-Nut, Gerber, Earth’s Best, HappyBABY, Plum Organics, Sprout, and Parent’s Choice.

The claims are that these companies sold and are still selling products containing heavy metals. And that these metals cause brain damage, which leads to autism or ADHD diagnoses in children.

How an MDL Differs From a Class Action

A baby food class action lawsuit is a case that represents an entire group and results in one shared outcome. Under an MDL, all individuals’ injuries and damages remain distinct. There are currently no class actions for toxic baby food in the United States.

Instead, they are claims that are grouped for easier handling.

Current Status of MDL No. 3101

The MDL was hit with a major setback when the court excluded most of the plaintiffs’ causation experts. This led to dismissal motions and further proceedings that remain ongoing. All the public updates on the current status are available on the official court’s page for In re: Baby Food Products Liability Litigation.

At this time, there is no reliable data on settlement figures in these cases. No lawyer can give an accurate estimate of the value of a case at this stage.

Factors That Affect Settlement Value

There are a number of factors which may impact a case’s value:

• How serious the child’s condition is and what care they need
• The intensity of the exposure and product evidence
• How well the injury can be tied to specific products
• The state in which the case is filed
• What defenses the company raises
• The damages available under state law

Comparable Case Values (Birth Injury/Neurological Cases)

Unrelated birth injury verdicts can provide a general sense of courts’ perspective on serious harm. However, those cases are different in terms of both the kinds of injuries and the legal theories. Don’t take them as reliable clues on what a baby food case might be worth.

Why Settlement Estimates Are Speculative

This litigation has no ongoing settlement program. Causation issues are still very much in dispute. Appeals are pending, and state laws differ.

In some instances, there may be nothing to recover. A baby food lawsuit lawyer can provide you with a clearer picture once they get and review your records.

Recent Court Rulings & Daubert/Sargon Rulings

The federal MDL saw most plaintiffs’ causation experts excluded by the court. This is a significant setback in many claims. California courts also ruled on how plaintiffs must show that baby food caused a specific child’s harm.

Cases are in various stages of appeal.

Case Count Progress by Month/Year

The number of cases in the MDL has increased. More filings do not equal more wins. The number of claims filed will not necessarily become the number of claims settled or verdicts.

Notable State & Federal Filings

A variety of brands, feeding experiences, diagnoses, and claims are stated in individual reports. A Supreme Court ruling in a case involving Hain and Whole Foods addressed where the case could be heard. There was no ruling on whether any company caused harm.

This means it shouldn’t be interpreted as a judgment on the merits of any baby food claim.

There are many reasons for brands recalling their products. A product recall does not mean that the product was a direct cause of autism or ADHD. Parents can visit the FDA’s website for the most up-to-date information on recalled and unsafe infant products.

Beech-Nut Recall

Beech-Nut recalled rice cereal due to arsenic test results. Subsequently, they discontinued the production of that product. Verify products affected by consulting the FDA’s Recall Database.

Gerber Recall

A Gerber teething-stick recall was not for heavy metals, but for choking risk. The recall should not be considered a sign of metal issues in other Gerber products.

Walmart (Parent’s Choice) Recall

For any recall involving Parent’s Choice, the recall should be confirmed for the specific product and hazard. Not all recalls related to this brand were for metals.

Target (Good & Gather) Recall

A particular vegetable puree from Target’s Good and Gather label has been recalled due to high levels of lead. This does not apply to all Target baby food products.

There is no brand that can be considered 100% safe in all situations. However, parents can take some steps to reduce exposure.

How to Read Baby Food Labels

When checking the ingredients, keep an eye out for rice flour, rice syrup, root vegetables, and juices. These tend to be associated with elevated levels of metals. Some brands publish test results online or on QR codes found on packaging.

Safe-Feeding Tips to Reduce Exposure

Cut down on rice snacks and juices and rotate with grains to reduce exposure. Pay attention to the most recent FDA and pediatric recommendations for infant feeding. Proper food preparation goes a long way, too.

Baby Foods & Brands With Lower Heavy Metal Levels

Recent product testing has revealed options with lower levels of metals. Depending on lot or formula version, the results may change. Look at the most up-to-date testing resources and not older lists.

Questions to Ask Your Pediatrician

Discuss your child’s feeding history and any growth concerns with your child’s doctor. If you have concerns, ask about blood lead testing. Also ask about screening and referrals if necessary.

Don’t use unvalidated metal testing kits you find on the Internet.

The regulations and guidelines regarding heavy metals in baby foods continue to evolve. These laws do not establish that a child’s condition was caused by baby food. They do reflect growing concern.

An analysis revealed that 95% of the members of the federal Dietary Guidelines Advisory Committee had conflicts of interest with food or drug companies. Research funding and advisory board roles made up most of the conflicts found.

FDA’s “Closer to Zero” Initiative

In 2017, the FDA created a working group following research that identified food as a significant source of lead exposure for children. The Closer to Zero plan is set up to decrease dietary exposure to metals through action levels and monitoring. But critics argue that the FDA has taken too long to establish firm limits.

California AB 899

Under California’s AB 899, infant food manufacturers are mandated to perform testing to check for heavy metals. They also have to publish the results publicly on the web. This information is available on company websites to parents.

Maryland “Rudy’s Law”

Rudy’s Law of Maryland regulates testing, disclosure, and labeling requirements for baby foods. It ties certain limits to federal metal thresholds.

Other State Legislation

More states have enacted or introduced legislation on testing, reporting, labeling, and enforcement. While some laws are already in effect, some are still bills that are yet to be passed into law.

You may have legal options if your child consumed a lot of baby food and later developed autism, ADHD, or another serious condition. If you want to file a claim, it’s best to look for a law firm for a baby food lawsuit.

Families with these concerns can come to The Winder Law Firm for a free, private case review; some cases may be referred. Reaching out does not mean you will qualify or that any result is certain.

Get a Free Consultation for a Toxic Baby Food Lawsuit.