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Toxic Baby Food Lawsuit

Important information:

 

Baby Food exposure To Toxic Heavy Metals

Childhood exposure to heavy metals can cause damage to neurological development

Toxic Baby Food Lawsuit

Baby food products were produced for infants and children as young as four months old that contained toxic heavy metals. Contaminated baby foods have been the subject of lawsuits alleging that these products contain dangerous levels of toxic heavy metals such as lead, arsenic, and mercury, which are believed to have caused neurodevelopmental disorders including autism and related conditions in children who consumed these tainted products. Children are vulnerable to damaging neurological effects from heavy metals, including:

 

According to both the Food and Drug Administration and World Health Organization, heavy metals are dangerous to health. Even low level exposure to heavy metals in baby food can cause serious and often irreversible damage to the brain development of infants. This can also lead to negative effects on long-term brain function.

 

What is happenning with the Toxic baby food?

Investigation by the U.S. House into Baby Food Reveals Toxic Metals

Lawyers from Scranton Law Firm represent hundreds of children suffering from autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder after being exposed to dangerously high levels of heavy metals in baby food products.

 

Attorneys filed the first toxic baby food lawsuit in California and possibly the nation against several baby food companies alleging they knowingly sell products tainted with arsenic, lead, cadmium, and mercury. We represent parents, who allege their seven-year-old son, suffers from neurodevelopmental disorders after consuming substantial quantities of baby foods from the following baby food manufacturers:

 

These companies are accused of knowingly selling products contaminated with dangerous levels of toxic metals. The legal action centers around the case of a seven-year-old child who, after consuming significant amounts of baby food from these manufacturers, has been diagnosed with neurodevelopmental disorders.

This litigation aims to hold these corporations accountable for their negligence and to secure compensation for affected families to cover healthcare costs, ongoing therapy, and other damages. The broader goal is to force these manufacturers to remove harmful contaminants from their products to ensure they are safe for all children.

toxic baby food lawsuit

Scranton Law Firm is in active litigation against the baby food companies listed above and intends to go to trial in 2023. To see if your child qualifies for a baby food lawsuit, fill out our confidential case evaluation form or call our legal team at (800) 400-8742 to schedule an appointment with a lawyer who can answer all your questions.

Join the Baby Food Heavy Metals Lawsuit – Justice for Children with Neurodevelopmental Disorders

In 2021, 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:

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What Are Toxic Heavy Metals?

In 2021, 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.

 

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.

 

Heavy Metals Side Effects

Public health agencies and medical professional organizations agree that exposure to toxic heavy metals is particularly dangerous for young children:

Heavy metals pose a “major public health concern” for children. –World Health Organization (WHO)

Heavy metals “may build up in biological systems and become a significant health hazard.” Noticeable consequences of exposure could be delayed for years. –Occupational Safety and Health Administration (OSHA)

Arsenic is number one among environmental substances that pose the most significant potential threat to human health, followed by lead (second), mercury (third), and cadmium (seventh). –Agency for Toxic Substances and Disease Registry (ATSDR)

No level of exposure to these heavy metals has been shown to be safe in children. –American Academy of Pediatrics

 

Findings

The U.S. House Oversight and Reform Subcommittee on Economic and Consumer Policy has issued multiple shocking reports on heavy metals in baby food. In February of 2021, the Subcommittee’s report ‘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 February 2021 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.

 

Toxic Baby Food Lawsuit News and Updates

CONGRESSIONAL REPORT

Toxic Baby Food Lawsuit Updates

The legal landscape surrounding toxic metals in baby food continues to evolve rapidly. Here’s a recap of key developments from the past month:

June 2024 Updates 

New Lawsuit Filed in Indiana (June 11, 2024): A lawsuit was filed in Indiana on behalf of a child diagnosed with autism spectrum disorder, alleging that exposure to toxic heavy metals in baby food contributed to their condition. The lawsuit targets major manufacturers and sellers like Gerber, Beech-Nut, Walmart, Nurture, and Danone.

Motion to Join Baby Food MDL (June 5, 2024): In the case D.J. v. Gerber Products Co. et al., plaintiffs’ lawyers filed a motion to include their case in the Baby Food Multidistrict Litigation (MDL). This move seeks to consolidate similar lawsuits alleging brain injuries resulting from toxic metals in baby food.

No New Cases Added to MDL in May (June 3, 2024): While five cases were added to the MDL in April, no new cases were added in May, keeping the total at 25.


May 2024 Updates 

New Baby Food Lawsuit Filed in Texas (May 30, 2024): A Texas plaintiff diagnosed with autism filed a lawsuit against Beech-Nut and Gerber, alleging their baby food products caused brain injury due to heavy metal contamination.

Study Links Fluoride to Neurological Damage (May 22, 2024): A new study published in JAMA suggests a potential link between prenatal fluoride exposure and neurobehavioral problems in children. However, this does not undermine the existing lawsuits focused on heavy metals in baby food.

Customer Loyalty Records as Evidence (May 20, 2024): Information from retailer customer loyalty programs could be valuable evidence for plaintiffs in proving their purchase history of specific baby food brands and products.

First MDL Status Conference (May 16, 2024): The first status conference for the toxic baby food MDL was held, addressing initial pretrial proceedings and potential leadership appointments.

New Legislation Proposed (May 14, 2024): The Baby Food Safety Act of 2024 has been introduced in Congress, aiming to strengthen regulations on toxic metals in baby food and enhance the FDA’s authority in this area.


April 2024 Updates 

New Lawsuits Filed in Illinois and Nevada (May 3 and April 17, 2024): Additional lawsuits have been filed in Illinois and Nevada, alleging brain injuries and autism spectrum disorder in children caused by exposure to heavy metals in baby food.


March 2024 Updates 

March 2024: Pivotal Hearing in Baby Food Lawsuits

A significant development is anticipated in the ongoing legal battles surrounding baby food safety. On March 28th, a panel of federal judges will convene to determine whether numerous lawsuits alleging harm caused by baby food should be consolidated into a single multidistrict litigation (MDL). This meeting marks the second time the U.S. Judicial Panel on Multidistrict Litigation (JPML) has addressed this issue, underscoring the gravity and continued concern regarding these cases. We will closely monitor this hearing and provide updates on any decisions made, as they could have far-reaching implications for both families and companies involved in this litigation.


February 2024 Updates 

February 2024: Legal Maneuvers and Regulatory Push in Baby Food Cases

The year commenced with a strategic move by attorneys handling baby food lawsuits, who filed a motion to consolidate several cases into an MDL. This approach streamlines pretrial proceedings by grouping similar lawsuits together, enhancing efficiency while preserving the individual nature of each case.

Simultaneously, state attorneys general intensified their calls for the FDA to enact stricter regulations on testing for heavy metals in baby food. This push was prompted by recent lead poisoning incidents linked to applesauce pouches, underscoring the urgency for more comprehensive safety measures.


January 2024 Updates 

January 2024: Progress in Litigation and Appellate Court Victory

The legal firm Wisner Baum announced plans to advance a baby food lawsuit trial, with the potential for a consolidated trial as early as summer 2024. Although not the first trial of its kind, this case represents a significant step in their legal strategy.

In a separate development, the Second Circuit Court of Appeals overturned the dismissal of consumer claims against Beech-Nut Nutrition Company. The court criticized the deference given to the FDA’s delayed “Closer to Zero” action plan and ruled that the litigation should proceed. This decision could have broader implications for future baby food lawsuits.

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Toxic Baby Food Lawsuit FAQ's

Baby Food Lawsuits: Your Questions Answered

What are the baby food lawsuits about? 

The lawsuits allege that certain baby food products contain dangerous levels of toxic heavy metals (lead, arsenic, mercury), which can cause developmental and neurological issues in infants and children.

Who are the defendants in these lawsuits? 

Several major baby food manufacturers and retailers are named, including Gerber, Beech-Nut, Walmart, Nurture, and Danone.

What are the specific injuries claimed in these lawsuits? 

Plaintiffs claim various injuries, primarily neurological disorders like autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD), as well as developmental delays and cognitive impairments.

What is a multidistrict litigation (MDL), and why is it relevant to these lawsuits? 

An MDL consolidates multiple similar lawsuits for pretrial proceedings to streamline the process and potentially lead to a global settlement or series of bellwether trials. This is relevant as it could centralize the handling of numerous baby food lawsuits.

What is the current status of the baby food lawsuits? 

The lawsuits are in early stages, with some cases filed and motions made for MDL consolidation. Legal and regulatory developments are ongoing, including the proposed Baby Food Safety Act of 2024.

Can I still file a baby food lawsuit? 

Yes, you may still be able to file if your child has a neurological disorder or injury after consuming baby food containing heavy metals. Consult an attorney specializing in these cases to discuss your options.

How can I stay updated on the baby food lawsuits? 

The Scranton Law firm is doing its best to keep toxic baby food lawsuit updates posted to this page as soon as we hear anything 

Did baby food companies intentionally add heavy metals to their products?

No, there is no evidence suggesting intentional addition of heavy metals. However, lawsuits allege companies knew or should have known about contamination and failed to address it adequately.

Could heavy metals in baby food come from the environment, not manufacturing?

While some heavy metals occur naturally, levels found in some baby food exceed safe limits, suggesting contamination during manufacturing, packaging, or from high-contamination ingredient sources.

If my child ate baby food involved in a lawsuit, should I be worried?

Consult your pediatrician if you’re concerned about heavy metal exposure. They can assess your child’s risk and recommend any necessary testing or monitoring.

Are there baby food options completely free of heavy metals?

Finding food entirely free of heavy metals is challenging due to their natural presence. However, some brands prioritize sourcing and testing to minimize heavy metal content.

Will winning a lawsuit guarantee my child’s health issues will be resolved?

A successful lawsuit may provide financial compensation but cannot undo any existing harm. The primary goal is to hold companies accountable and promote safer industry practices.

Are smaller, organic baby food companies also involved in the lawsuits?

Yes, lawsuits may target any brand whose products contain unsafe levels of heavy metals, regardless of size or organic claims.

Are there potential long-term health effects for children exposed to heavy metals, even without immediate symptoms?

Yes, there may be delayed or subtle health effects not immediately apparent. Ongoing research and monitoring of exposed children are crucial to understand long-term consequences.

What can parents do to minimize heavy metal exposure and are there tests to check for it in children?

Parents can choose brands with stricter testing and sourcing practices, offer a varied diet, and consult their pediatrician about testing options.

Are grocery stores facing legal action for selling contaminated baby food?

Yes, retailers may also face legal action for their role in selling contaminated products, as they have a responsibility to ensure product safety.

Are similar lawsuits being filed in other countries, and are there global efforts to address this issue?

Yes, similar lawsuits and regulatory efforts are underway in various countries, reflecting a growing global concern about heavy metals in baby food.

How has the FDA responded to concerns, and what are their plans for future regulation and enforcement?

The FDA has initiated the “Closer to Zero” plan to address heavy metals, but its implementation has faced delays. Lawsuits and advocacy groups are pushing for stricter and faster action.

What can concerned parents and consumers do to advocate for stricter regulations and safer baby food?

They can contact their representatives, support relevant legislation like the Baby Food Safety Act, and raise awareness about the issue through various platforms.

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