Baby Food Autism Lawsuits – July 2024

Parents of infants rely on baby food as a key source of vitamins and nutrients as they transition into eating solid foods. Baby food manufacturers appear to have taken advantage of parents' trust in their products by continuing to profit from items contaminated by heavy metals. Exposure to heavy metals as an infant can lead to irreparable brain damage that manifests as behavioral issues, learning disabilities, and neurodevelopmental disorders like autism.

Toxic Baby Food Lawyers

Parents across the country are filing product liability lawsuits against well-known baby food manufacturers like Gerber to recover compensation for the damages inflicted by these conditions.

Lawsuit Legal News' toxic baby food lawyers are now scheduling free consultations with parents who believe that their child's autism or developmental issues are related to the tainted baby food they were fed as infants.

If you are interested in discussing your toxic baby food autism claim in more detail with one of our experienced product liability attorneys, we encourage you to call us at (866) 535-9515 or fill out our online contact form. We are representing plaintiffs nationwide in toxic baby food lawsuits.

Baby Food Autism Lawsuits Table Of Contents

Why You Need a Product Liability Lawyer for Your Toxic Baby Food Claim

At Lawsuit Legal News, our team of product liability attorneys understands the long-term costs of autism and other developmental disorders for neurodivergent individuals and their families based on our experience representing clients in Tylenol autism lawsuits.

With this insight, we are well-equipped to identify the full scope of damages you have already incurred and the types of costs you or your child may face in the future. 

Furthermore, we are familiar with the most effective methods for establishing the value of your losses to secure maximum compensation for your personal injury claim. As a client, you can expect that our product liability lawyers will remain in close communication with you, provide you with an honest and informed perspective, and give your case the attention it deserves.

During our years of service, we have learned that there is no substitute for diligence. Toxic baby food autism claims rely on emerging and nuanced scientific evidence, so you need an advocate who recognizes that details matter. As your toxic baby food autism attorneys, our skilled team will be meticulous in research and documentation so you can feel confident that your product liability claim will be successful. 

Toxic Baby Food Lawsuit Updates

The team at Lawsuit Legal News is dedicated to bringing our readers updates on the toxic baby food autism lawsuit so that you can stay on top of the proceedings and legal implications. Our goal is to provide the most up-to-date and thorough content on the toxic baby food lawsuit that was recently consolidated in the United States District Court for the Northern District of California.

We believe this might be the single most important lawsuit in years, with significant implications for all parties involved. A congressional report in 2021 singled out specific baby food brands for the amounts of toxic heavy metals present in specific products. It will be interesting to learn over the coming months how long baby food manufacturers such as Gerber Baby Food, Beech-Nut Nutrition Company, Sprout Organic Foods, and Happy Family Organics, among others, were aware of the toxic metals and toxic substances in specific baby foods. 

The congressional report (discussed in detail much later in this page) singled out products such as infant rice cereal and sweet potatoes for having exceedingly high levels of lead and arsenic. However, the report and subsequent studies highlight a number of baby foods. 

This page will be regularly updated on toxic baby food litigation both in this MDL and any heavy metal baby food lawsuits proceeding in State Court.

July 22, 2024 - Lead Plaintiff Attorneys File Master Complaint in Heavy Metals Toxic Baby Food MDL

Last week, the lead plaintiff attorneys—with the help of other plaintiff attorneys across the nation—filed their Master Complaint in the Heavy Metals Toxic Baby Food Multi-District Litigation (MDL 3101). 

In the context of this MDL, a "Master Complaint" is a single document that combines all the many different claims against the baby food manufacturers into a comprehensive document. 

The Master Complaint outlines the main allegations and factual claims against the baby food manufacturers who are accused of selling products that contain toxic heavy metals that have been linked to autism and ADHD in children. 

This master complaint’s point is to streamline the litigation process by providing a complete overview of all the different claims so that it’s ultimately easier to manage the numerous individual cases involved. 

Now that you know what a Master Complaint is, you can probably guess what this one said. In short, it stated:

Several major baby food manufacturers sold products contaminated with toxic heavy metals, including lead, arsenic, mercury, cadmium, and aluminum. These toxins lead to children being diagnosed with neurodevelopmental disorders like autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD). The defendants in this case include Beech-Nut, Gerber, Earth’s Best Organics, Happy Family Organics, Plum, Sprout grocery store brand, and Walmart’s store brand (Parent’s Choice). Each company failed to adequately test its products, used ingredients known to be contaminated, and set dangerously high internal limits for heavy metal content. Finally, these companies continued to sell their products after they already knew about the toxic levels, used faulty test methods to beat regulations, infrequently tested, and in some cases, did not test their products at all.

This complaint highlights how these companies failed to provide adequate warnings about the presence of heavy metals in their products, the negligence that led to significant harm, including brain injuries, neurodevelopmental disorders, physical and mental suffering, and financial losses due to medical expenses and lifestyle changes for the impacted children and their families.

The plaintiffs are seeking equitable relief, monetary restitution, compensatory and punitive damages, and aim to hold the companies accountable for their actions.

July 7, 2024 - Judge Corley Provides a Mechanism for Filing Baby Food Lawsuits directly into MDL via a Direct Filing Order

The baby food autism lawsuit centralized in the United States District Court for the Northern District of California has now grown to 28 lawsuits. Further, Judge Corley provided the mechanism for baby food lawyers to file their lawsuits directly into the MDL via a direct filing order. Our firm presently represents over 1000 children with autism in lawsuits alleging that baby food brands such as Gerber, Earth's Best Organic, Walmart branded baby food, Happy Baby, and others knowingly marketed and sold baby food products containing dangerously high levels of arsenic, lead, and mercury. Certain baby food brands, such as Gerber, have failed to issue recalls or provide for rigorous testing of their various products.

July 2, 2024 - Whole Foods and Amazon Accused Over Toxic Baby Food

Whole Foods and Amazon were accused of negligence in selling allegedly harmful baby food. They filed a motion to dismiss the lawsuit, arguing that as retailers, they are not responsible for inspecting or testing the baby food products made by other companies. They claim liability should rest with the manufacturers.

Baby food retailers like Whole Foods and Amazon must ensure the safety of their products, particularly baby food. They argue that the retailers should have conducted proper inspections and tests to identify hazards or defects.

If the litigation results in a large settlement, having a financially strong company like Amazon contribute would be beneficial, as they could fund a settlement without significant financial strain.

June 20, 2024 - Judge Corley Presides Over Contentious Status Conference in Heavy Metals in Baby Food Lawsuit 

We attended the second status conference in the toxic baby food lawsuit today in San Francisco. The biggest issue, as previously discussed, is the definition of general causation. Judge Corley entertained arguments from both parties and opted not to make a ruling from the bench. 

However, the Judge may have tipped her hand by indicating that this argument is essentially moot as both sides have offered similar arguments. This issue will be further explored during litigation. 

Judge Corley is a brilliant legal scholar, but we respectfully disagree and believe the distinction between the two proposed definitions for general causation makes all the difference in this case. General causation should focus on the general harm alleged by plaintiffs, that neurodevelopmental disorders are caused by heavy metals in contaminated baby foods. 

Lawyers from a number of major baby food companies were present and several spoke on the record concerning less consequential discovery issues. Several of the discovery issues addressed included protective orders and protocols for the discovery of electronically stored information (ESI). we anticipate a ruling from Judge Corley 

June 19, 2024 - Parties Submit a Joint Statement Regarding General Causation

A fifty-page joint statement has now been submitted to Judge Corley in advance of tomorrow's status conference in the heavy metals in baby food lawsuit pending in the United States District Court for the Northern District of California. 

While the plaintiff's and defendant's positions seem similar, the differences between them are heavily nuanced, and the differences can make or break this litigation for the plaintiffs.

The defendant manufacturers are attempting to paint this lawsuit as an indictment on all baby food products and have stated in their position paper that there is not a single study that demonstrates baby foods cause neurodevelopment disorders. 

However, this is extremely misleading. The plaintiffs believe the focus should be on the actual heavy metals present in specific baby foods. 

There are numerous studies that demonstrate a causal link between exposure to heavy metals such as arsenic and lead and the subsequent diagnosis of a neurodevelopmental disorder such as autism or ADHD. 

Hence, the plaintiffs are attempting to frame the general causation argument around the heavy metals in baby foods, including arsenic, lead, mercury, and cadmium. In contrast, the major baby food brands want a broad general causation question that forces discovery into whether baby food, in general, causes autism spectrum disorder or ADHD. 

We believe this decision is monumental. Asking plaintiffs to prove that baby foods, in general, cause neurodevelopmental disorders may be an insurmountable hurdle. Further, we are and have always alleged this lawsuit is simply about the heavy metals in specific baby food products. Several of the major baby food brands produce a host of baby food products. Some of these baby food products have minimal amounts of heavy metals and are not the concern here

Further down on this page is a list of the actual baby food products with alarmingly high levels of heavy metals such as arsenic and lead. Hence, why the baby food lawsuit has named major baby food brands like Gerber and Beech-Nut as defendants. 

June 18, 2024 - Defendants Attempt to Avoid Discovery in Baby Food Autism MDL

The defendants in the toxic baby food lawsuit have filed a motion stating that in previous similar lawsuits, they followed certain rules for keeping information private and managing electronic data [electronically stored information (ESI)], and everything worked fine. 

They used a quote from the judge stating that the litigation is “more mature than we often see” as a clever opening to their brief, which basically said there's no need to reinvent the wheel since they have already handled ESI successfully, and it has already cost them millions.

Their underlying motive here is to avoid producing new documents, witnesses, or any other new discovery that's not already available. However, that's not how things work. While the previous cases may be similar, they don't include the same details and nuances of this MDL.

June 2, 2024 - New Lawsuit Filed in Toxic Baby Food MDL Shows Exactly How This Issue Affects Families

Last week, a new toxic baby food lawsuit was filed on behalf of a child from Texas who was diagnosed with autism at the age of three. This claim is being transferred into the MDL. 

His parents say the boy consumed baby food products from Beech-Nut and Gerber starting in 2017 and allege these products contained high levels of toxic heavy metals (lead, arsenic, mercury) that exceed limits created by the FDA and lead to brain injury and Autism Spectrum Disorder.

Lawyers for the plaintiff allege that scientific evidence supports the link between toxic metal exposure and neurodevelopmental disorders.  The lawsuit also argues that if the plaintiff's caregivers had been warned about the risks, the plaintiff would not have consumed the contaminated baby foods and his parents would have avoided them at all costs. The plaintiff's claim is that Ethan consumed Hain's baby food almost exclusively during his early years, which later caused him to suffer from health issues related to heavy-metal poisoning.

June 1, 2024 - LLN Team Member Appointed to Lead MDL; Appeals Court Revives a Toxic Baby Food Case Against Whole Foods Stores

Attorney Anthony Russo from Dolman Russo, who is also affiliated with Lawsuit Legal News, has been named to the Plaintiffs' Steering Committee for this multistrict litigation. The LLN team is super excited to be part of the leadership in the toxic baby food MDL.

A major event has occurred in the overall lawsuits against baby food manufacturers for producing products with dangerous levels of heavy metals. The case in question involves the parents of Ethan Palmquist, who allege Whole Foods breached 'express warranties' about the safety of Hain's Earth's Best Organic baby food. 

The plaintiff's claim Ethan consumed Hain's baby food almost exclusively during his early years, which later caused him to suffer from health issues related to heavy-metal poisoning.

Recently, the US Fifth Circuit Court found that the family did, in fact, have sufficient claims against Whole Foods and questioned why the federal court took the case from state court. The case was initially moved to federal court from state court, and despite earlier rulings that favored the defendants, the appellate court found credible claims that Whole Foods could be held liable, especially since their entire brand revolves around product safety and quality.

Whole Foods could now be found liable under Texas law. This decision marks a major turn in the litigation over the safety of popular baby food products, and it could affect many different aspects of the MDL, like the importance of evaluating State claims, the inclusion and consolidation of similar cases in the baby food MDL, and the notion that plaintiffs can clarify their claims to meet federal standards without fundamentally altering them, which may influence the pretrial proceedings and jurisdictional decisions.​

May 23, 2024 – Store Loyalty Programs Could Pay Off for Plaintiffs in Toxic Baby Food MDL

We all know that entering your phone number at Walgreens, using the Target app to pay, or scanning your Costco card is a must so you can get those huge discounts. But did you know that those loyalty programs track every single thing you buy? And they are directly tied to you through your phone number or email, usually both.

Well, that information from retailers' customer loyalty programs could serve as crucial evidence for the plaintiffs in the toxic baby food lawsuits. These programs, which track what people buy and how often, would go a long way toward demonstrating the specific baby food brands and products the injured parties purchased.

These records are stored in customer purchase information systems (such as rewards or bonus programs) that track a customer's buying history and could significantly strengthen the plaintiffs' claims.

May 16, 2024 – First MDL Status Conference Held for Toxic Baby Food Lawsuit

The first status conference for the toxic baby food MDL will be held today presided over by Judge Corley, who will address initial pretrial proceedings, review joint statements from plaintiffs and defendants, and consider appointments for leadership roles such as plaintiffs' lead counsel and the Plaintiffs' Steering Committee.

Notably, Attorney Anthony Russo from the law firm Dolman Russo, who works closely with Lawsuit Legal News, was named to the steering committee.

Discussions will also cover procedural issues, the MDL's schedule, and potential early disputes. The plaintiffs are pushing for bellwether trials to be held sooner than later, while the defendants are likely to seek ways to prolong the litigation in an attempt to force injured parties into settling for too little money. This could be a strategic error as the scientific evidence supporting the plaintiffs' case continues to strengthen.

May 14, 2024 – New Legislation Seeks Better Oversight for Baby Food

New legislation has been proposed in both houses of Congress to address ongoing concerns about the presence of toxic metals in baby food that are causing harm to the next generation. 

The proposed legislation would require federal regulators to establish and enforce science-based limits on levels of dangerous metals in baby foods, including arsenic, cadmium, lead, and mercury.

Senators Amy Klobuchar (D-MN) and Tammy Duckworth (D-IL) introduced the "Baby Food Safety Act of 2024" on May 9, 2024, "to amend the Federal Food, Drug, and Cosmetic Act to ensure the safety of food and limit the presence of contaminants in infant and toddler food."

Raja Krishnamoorthi (D-IL) and Tony Cárdenas (D-CA) also introduced a corresponding bill in the US House of Representatives.

If enacted, this legislation would significantly enhance the FDA's authority over baby food regulation and impose stricter requirements on manufacturers for testing and sampling their products. This would go a long way toward ensuring safer food options for parents and caretakers of infants.

May 6, 2024 - 6 More Lawsuits Join the MDL, Appointed Judge Has Extensive Settlement Experience

During the first four weeks of this multi-district litigation (MDL), 26 cases were consolidated for pretrial procedures. The two most recent cases allege similar facts to support their claims against baby food manufacturers, including Gerber, Beech-Nut Nutrition Company, and others.

Most of these lawsuits are filed by parents on behalf of their children who have been diagnosed with Autism Spectrum Disorder (ASD) and/or other neurodevelopmental conditions. The parents believe their children were harmed when the child ingested baby food that contained dangerously high levels of heavy metals, including arsenic, mercury, and lead.

The claims allege that baby food manufacturers made and sold food products that exceeded federal regulatory levels of heavy metals, and the companies failed to warn parents about the potential dangers associated with these products. The parents insist they would not have purchased these products or fed them to their children if they had known about these dangers.

These families are requesting compensation related to damages such as brain injuries, ASD, reduced quality of life, pain and suffering, medical expenses, and more. Some plaintiffs are requesting punitive damages, which would deter the baby food makers from harming others in the future.

The LLN team is pleased with the judge who was chosen to head this MDL. Judge Jacqueline Scott Corley has an impressive resume that suits her for this position. A Harvard graduate (manga cum laude), she has worked in the private sector and clerked for various judges before being appointed as a United States Magistrate Judge by President Obama.

Judge Corley also has extensive experience in alternative dispute resolution mediation practices, which will be beneficial when this MDL reaches the settlement discussion phase.

April 17, 2024 - First Pretrial Order Issued in the Toxic Baby Food Lawsuit

Judge Corley issued the first pretrial order in the recently consolidated heavy metal baby food lawsuits that were centralized in the United States District Court for the Northern District of California. The initial order was significant for setting a deadline of April 29, 2024, for plaintiff's lawyers to submit an application for the plaintiff's steering committee. The initial hearing has been set for May 16, 2024, in San Francisco. 

The purpose of the initial order was to set procedural guidelines for how toxic baby food cases shall proceed between now and the May 16 hearing. We anticipate this MDL will become a very fast-moving lawsuit.

April 11, 2024 - JPML Establishes Multidistrict Litigation Over Objections of Baby Food Manufacturers

After a hearing at the end of March, the Judicial Panel on Multidistrict Litigation has ruled on the matter of consolidating the toxic baby food autism lawsuits. Our prediction was right: the JPML officially created a multidistrict litigation for the product liability claims involving children who suffered irreparable brain damage from consuming baby food contaminated with unsafe levels of heavy metals. 

Judge Jacqueline Scott Corley will be responsible for managing the multidistrict litigation. The MDL, which will be held in the Northern District of California, represents positive momentum for the toxic baby food plaintiffs. Major baby food manufacturers, including Gerber, Beech-Nut, and Sprout, were against a multidistrict litigation altogether. 

They also wanted the cases to be transferred to the Southern District of New York in the event that an MDL was formed, which is more convenient to their headquarters. The baby food manufacturers asserted that there was no basis for a multidistrict litigation because MDLs are usually reserved for a large number of plaintiffs and situations where coordinated discovery is needed. 

According to the defendants, the plaintiffs were already well-managed by a few personal injury lawyers and the parties are already prepared to exchange evidence. Plaintiffs refuted the defendants' positions, noting that there are already 11 districts involved, so centralizing the toxic baby food claims in one jurisdiction would make more sense logistically. 

They emphasized that their allegations were rooted in the same set of facts, which is a prerequisite for forming a multidistrict litigation. Additionally, the JPML pointed out that nearly all of the plaintiffs were pursuing product liability claims against multiple baby food manufacturers, making it more difficult to separate the cases.

This represents the second major attempt to create multidistrict litigation regarding children who developed neurodevelopmental disorders like autism and ADHD from baby food containing heavy metals.

Since then, scrutiny has increased as the FDA has found chromium and other heavy metals in baby food. The first effort in 2021 was unsuccessful; the Judicial Panel on Multidistrict Litigation decided not to establish an MDL. 

What differentiates the circumstances of the original attempt from the current one is that the heavy metal baby food claims were filed against a single negligent manufacturer. Additionally, the original set of toxic baby food autism lawsuits was transferred to the district where the manufacturer had its headquarters.

Given the geographic spread of jurisdictions and the number of defendants, the Judicial Panel on Multidistrict Litigation sided with plaintiffs seeking an MDL. The JPML's new ruling is just the beginning for the plaintiffs, although they may reach settlements sooner with an MDL.

The toxic baby food plaintiffs still have to meet the burden of proof for manufacturers to be considered liable for their damages. 

Overall, we believe that the formation of a toxic baby food MDL is a positive for parents of children who were harmed by these tainted products. As personal injury attorneys who concentrate on product liability, our team at LLN is ready to help you navigate the complexities of multidistrict litigation. 

April 3, 2024 - A Different Baby Food Lawsuit is in Jeopardy; Hearing Held to Decide if Federal Cases Should Become a Multidistrict Litigation (MDL)

A lawsuit filed in Oakland, CA, is on shaky ground after a U.S. District Judge considers granting summary judgment. The allegations in that case involve the baby food manufacturer Plum Organics' failure to warn parents about potential toxic ingredients in their products. The plaintiffs claim heavy metals and perchlorate in the food lead to thyroid problems.

LLN is following claims that toxic baby food has caused autism, so this case is somewhat similar but different in many important ways. Unfortunately, if the Oakland case fails, it can affect the momentum of the other baby food lawsuits.

On March 28, the Judicial Panel on Multidistrict Litigation (JPML) held a hearing to decide if all federal baby food autism lawsuits should be consolidated into an MDL. We expect a decision later this month.

March 4, 2024 - Baby Food Makers Oppose the Formation of Multidistrict Litigation (MDL)

Several baby food manufacturers are opposing the motion to consolidate the pending federal lawsuits that allege certain baby foods have caused Autism Spectrum Disorder (ASD) and ADHD in children. As mentioned below, parents of children diagnosed with these neurological disorders have filed claims alleging these baby foods contain heavy metals that harmed the babies who consumed them.

The motion to create the MDL was filed in January. However, Gerber Products Co., Beech-Nut Nutrition Co., and Hain Celestial Group Inc., among other food makers, oppose the MDL's formation, claiming there is no need to coordinate all pending federal cases for pretrial processes. We are still waiting to hear from the Judicial Panel on Multidistrict Litigation (JPML) to decide if an MDL is appropriate and the best venue for these cases.

February 6, 2024 - Which Products and Toxins Are Involved in a Potential Baby Food Autism Multidistrict Litigation (MDL)?

Plaintiff parents whose children were diagnosed with autism spectrum disorder or ADHD after consuming baby food with high levels of heavy metals have requested the formation of a Multidistrict Litigation (MDL) to efficiently address their legal rights. These plaintiffs name various baby food producers as defendants, including big corporations such as:

• Gerber
• Beech-Nut
• Nestle
• Nurture
• Hain
• Campbell
• Danone
• Sprout and
• Walmart

The lawsuits claim these producers sold baby foods that harmed their children because they contained toxic levels of metals, including lead, mercury, and arsenic, that led to their children's neurodevelopmental problems.

If the federal cases are combined, the Panel that will decide the new location could consider Nevada, California, or Louisiana since several cases are currently pending in those court systems. The very first baby food autism lawsuit filed in the country is already scheduled for trial in August 2024, so that case would be excluded from the MDL.

February 2, 2024 - Some Plaintiffs in the Toxic Heavy Metal Baby Food Lawsuits Have Requested a MDL Hearing

Some of the plaintiffs in the toxic baby food lawsuits have filed a motion for a hearing by the JPML in hopes that their cases will be consolidated in a Multidistrict Litigation (MDL).

If they are successful, an MDL will improve efficiency, streamline the proceedings, allow for consistent rulings, and speed up the process. If the plaintiffs' cases are successful, the MDL will help them receive settlements sooner than through the traditional legal process.

Whether or not the JPML will consolidate the cases is yet to be determined.

December 2023 - California Plaintiffs Seek an Additional Opportunity to Demonstrate Cause in an Appeal

Despite the setback they experienced in October, the California plaintiffs are filing an appeal of Judge Riff's dismissal in hopes that they can proceed with their product liability claim against baby food manufacturers. In the meantime, we may receive additional reports on the status of heavy metals in baby food that could help provide further context.

August to October 2023 - California Implements Stricter Safety Standards, and Plaintiffs Struggle to Establish Causation

California has begun requiring monthly testing of baby food products for potential contaminants like heavy metals. Consumers will eventually be able to access this information via QR codes on food labels. The passage of this regulation represents a positive step towards holding baby food manufacturers accountable.

Unfortunately, California plaintiffs have not been as successful in this effort as of late. State Court Judge Lawrence Riff dismissed a toxic baby food autism claim after the plaintiff's expert witness testimony failed to meet the standard for admissibility in a Sargon hearing. The judge noted that the amount of conjecture present in the testimony rendered the argument for cause untenable, as did the fact that the child was fed several different baby foods.

June 2023 - Consumer Reports Study Finds Alarming Amounts of Heavy Metals in Baby Food

Consumer Reports has identified dangerous quantities of lead, cadmium, and arsenic in several popular brands of baby food. These heavy metals have previously been linked to cognitive impairments and developmental issues in children who were exposed to these toxins. Plaintiffs hope to bolster their product liability claims with this information.

March to May 2023 - FDA Faces Criticism in Absence of Regulations and New Toxic Baby Food Claims Are Filed

In Nevada, a group of plaintiffs has leveled accusations against multiple baby food manufacturers, claiming they are owed punitive and compensatory damages after contaminated baby food led to their children's health issues. Meanwhile, other product liability claims pertaining to tainted baby food have faced mixed results. 

In Texas, a second toxic baby food autism claim was dismissed based on insufficient scientific evidence offered by the plaintiffs. On the other hand, a California toxic baby food autism claim is scheduled for trial in October. Additionally, the FDA has proven to be the source of some obstacles regarding toxic baby food. 

While the FDA did address acceptable lead levels for baby food products, it has yet to provide regulations for other heavy metals. Legislators have reprimanded the FDA for the continued delays in a scathing letter addressed to FDA Commissioner Robert Califf. Many members of the public and Congress felt that this issue should be a priority for the FDA. Despite mounting pressure, the agency has now removed the deadlines it had set to issue guidance on heavy metals from its website.

January 2023 - FDA Publishes New Guidance on Lead Levels in Baby Food

As a federal agency, the FDA has the authority to propose regulations within the scope of its mandate. The FDA has suggested that lead levels in baby food products, including fruits, vegetables, grain, and meat mixtures, should be capped at 10 parts per billion.

Now, the public can comment on the regulation, as will other government agencies and departments. Once the rulemaking process is complete, the FDA can enforce the new standard.

2022 Developments in the Toxic Baby Food Autism Claims

Plaintiffs in California secured an early success when a judge rejected a motion that would have made their expert testimony inadmissible evidence. Had the court sided with the defendants, the toxic baby food claim would not have been able to proceed because the expert witnesses' testimony was necessary to support the plaintiffs' assertion heavy metals in baby food caused their son's autism. 

This claim is one of a growing number of product liability lawsuits brought against Walmart, though other baby food companies like Gerber are facing similar claims. By the end of 2022, baby food manufacturers began pushing for product liability claims to be dismissed, citing their lack of scientific evidence. Further, they argued that the preemption of federal standards over state laws renders the claims invalid because they complied with the higher authority.

Multiple Investigations Find Unsafe Levels of Heavy Metals in Baby Food

In the last few years, parents of young children have been confronted with multiple crises related to tainted baby food. The news of heavy metals in baby food led to public outcry in 2021, followed by a critical baby formula shortage in 2022. Like infant formula, baby food is subject to stringent regulations to ensure that it is safe for consumption by children. 

When multiple sources raised concerns about the presence of toxins in baby food, parents understandably directed their concerns at agencies like the FDA as well as the baby food manufacturers. The allegations were first made by the Clean Label Project in 2017 after their testing revealed lead in about a third of the 500 baby food products they used. Further inquiries by the FDA and consumer advocacy groups confirmed the presence of lead and other heavy metals in a significant portion of baby food. This campaign culminated in a Congressional investigation. 

In 2021, the results of that probe were made publicly available. Earlier concerns were justified, as the report confirmed that heavy metals were found in baby food products from various companies, particularly in rice and root vegetable-based products. Investigators found evidence that manufacturers did not abide by federal or internal safety standards, nor did they conduct adequate testing. The release of this report initially prompted panic among parents, which has solidified into a wave of product liability lawsuits.

What Heavy Metals Have Been Found in Baby Food

The term heavy metals broadly describes a class of metals and metalloids with high densities or atomic numbers. It has developed a negative connotation linked to cases of contamination, but many heavy metals are commonplace and fairly innocuous, such as silver and gold. In fact, certain heavy metals like iron and zinc are actually necessary for the human body to function.

The heavy metals that have been detected in baby food are also naturally occurring but toxic when ingested.

Thus far, researchers have identified the following harmful heavy metals in baby foods:

• Lead
• Arsenic
• Cadmium
• Mercury

While we typically think of lead poisoning in connection to old paint or decaying pipes, there are other sources of exposure in nature, such as soil. The accumulation of excessive lead in the body can manifest as stomach pain, agitation, and, in extreme cases, damage to the central nervous system or brain. Like lead, arsenic has often become synonymous with poison in modern vernacular, and with good reason. The carcinogen arsenic is more commonly found in groundwater, though it has also been detected in air and soil. 

Airborn cadmium exposure is typically occupation-related, where it has been known to cause severe respiratory issues. When individuals are subject to harmful levels of cadmium in contaminated water or food, they tend to present with joint pain, kidney damage, and cardiovascular problems. Some research also indicates cadmium may be a carcinogen. Testing has also found mercury in baby food, which is highly alarming considering that organic mercury poisoning can result in damage to the brain and spinal cord.

How Contaminants in Baby Food Can Interfere With Healthy Brain Development in Infants

Infants are more susceptible to the harmful effects of toxins like heavy metals because their brains are developing rapidly. A baby who is exposed to significant levels of heavy metals like lead can suffer brain damage when the lead interferes with the brain's ability to absorb sufficient calcium. While pediatricians often encourage parents to increase their children's calcium intake to grow strong bones, the mineral is also critical in enabling the brain to form neural connections. 

Calcium helps produce a vital protein called the brain-derived neurotrophic factor (BDNF). Among other tasks, BDNF facilitates the transmission of messages via the gaps between neurons, known as synapses. Researchers have also identified BDNF as key to enabling functions like learning and memory. If a child is exposed to enough toxins, over time, the neural pathways can languish, potentially leading to permanent cognitive impairments.

Neurodevelopmental Conditions That May Be Connected to Toxins in Baby Food

The consequences of ingesting heavy metals as an infant have been credibly, if not definitively or exclusively, linked to autism spectrum disorder. There is a lack of scientific consensus on the exact causes of autism, though most researchers recognize a combination of environmental factors and genetic components are likely at play. Thus far, the focus of the toxic baby food claims has primarily been on the causal relationship between heavy metal exposure and autism, but the following conditions are also associated with excessive levels of toxins:

• Developmental delays
• Learning disabilities
• Diminished IQ
• Behavioral issues
• Neurodevelopmental disorders like ADHD
• Cognitive impairment
• Cancer
• Weakened immune systems

Which Baby Food Companies Have Been Accused of Negligence

Major baby food brands are facing scrutiny from outraged parents for failing to prevent heavy metal contamination and neglecting to warn consumers about the danger. Evidence suggests that multiple baby food manufacturers did not bother to test their products for heavy metals before putting them on store shelves or only tested the components, rendering the results unreliable.

Several baby food companies have refuted the allegations that the amounts of lead and other toxins in their products constitute a threat to infants' brain development. Parents have filed baby food autism lawsuits against companies, including:

• Gerber
• Sprout Foods, Inc. 
• Nurture, Inc. for its HappyBABY products 
• Beech-Nut Nutrition Company 
• Hain Celestial Group, Inc. for its Earth's Best Organic products
• Campbell Soup Company for its Plum Organics products
• Walmart Inc. for its Parent's Choice products (Walmart's brand of baby food)

Gerber Baby Food Lawsuit 

Gerber is far and away the biggest defendant manufacturer and quite possibly the worst actor. The Gerber baby food lawsuit alleges this defendant manufacturer knowingly marketed and sold baby foods containing extremely high levels of arsenic and lead. 

The Gerber lawsuit alleges the defendant manufacturer was well aware of the shockingly high levels of toxic heavy metals in various products. Further, Gerber had sufficient knowledge that cumulative exposure to heavy metals such as arsenic and lead clearly results in neuro-developmental issues such as autism spectrum disorder.

In fact, the 2021 Congressional subcommittee report indicates that some Gerber baby food products contained over 40 PPB (parts per billion) of lead, and they utilized rice flour that contained over 90 PPB of arsenic. 

We believe Gerber knew of these dangers long before the 2021 Congressional report. However, it's worth noting Gerber still markets and sells several popular products containing egregiously high levels of heavy metals, which unfortunately is not uncommon in the baby food industry.

However, certain baby food brands have shown little regard for issues raised by the Congressional report. Gerber is an industry leader who could have chosen to set the standards but has ignored clear evidence that its products are harmful to infants and toddlers. 

Gerber has never issued a recall on the products identified as having high levels of lead and arsenic. Further, Gerber lawsuits allege the defendant manufacturer failed to properly and rigorously test their products before putting them into the stream of commerce. 

Gerber Baby Food Products With High Levels of Heavy Metals

• Multigrain Cereal
• Rice Single Grain Cereal
• Diced Carrots Veggie Pickup
• Whole Wheat Whole Grain Cereal
• Organic Rice Cereal
• Arrowroot Biscuits
• Conventional Carrots
• Carrot Sitter 2nd Food
• Oatmeal Single Grain Cereal
• Organic Sweet Potatoes

What Damages Are Available in the Baby Food Autism Lawsuits

Conditions like autism spectrum disorder can have life-long financial and emotional implications for the individual, as well as their family. Plaintiffs in baby food autism lawsuits will need to establish that their injury resulted in the damages for which they are seeking compensation. Compensatory damages can be divided into economic and non-economic damages in a product liability lawsuit. 

Economic damages can refer to financial losses sustained by the parents as well as the child as a result of their diagnosis. For example, children with neurodevelopmental disorders or learning disabilities may require additional support in the form of tutors and therapists. In some cases, children need professional caretakers. Plaintiffs may seek compensation to offset the cost of these services. The long-term impact of a cognitive development issue can have monetary consequences for the child as they age, preventing them from securing or maintaining higher-paying positions. Their reduced earning potential can be considered economic damage.

Neurodevelopmental conditions can also result in non-economic damages, which are intangible costs. Children with autism may struggle to socialize, achieve academically, and function at an age-appropriate level. This can lead to a diminished quality of life and emotional distress, both of which are recognized as non-economic damages in a personal injury lawsuit. 

How a Product Liability Lawyer Can Be an Asset to Your Toxic Baby Food Autism Lawsuit

As we have just seen with the Tylenol autism lawsuits, scientific evidence can make or break a product liability claim. Product liability attorneys have access to credible expert witnesses who can help bolster your case, and they have the communication skills to persuasively leverage the evidence in favor of your argument. This takes the pressure off of you to create negotiating strategies, compile a cohesive narrative, and sift through data to make a compelling claim. 

An additional consideration to make is a few of the toxic baby food autism claims have already gone to trial, so it is important to be prepared for that possibility. You will need a baby food autism attorney who has successfully negotiated against powerful defendants in court to have the best chance of a fair settlement. Otherwise, you risk their legal team taking advantage of your lack of litigation experience and undermining your claim.

Contact an Experienced Personal Injury Attorney About Your Baby Food Autism Lawsuit

Learning that negligent manufacturers have contaminated your baby's food can leave you with a sense of being betrayed. At Lawsuit Legal News, we share your frustration at the recklessness baby food manufacturers have displayed in failing to properly test their products and warn consumers about the presence of heavy metals. Our team is working closely with plaintiffs to rectify their financial and emotional losses, as well as hold the defendants liable.

As your personal injury attorneys, we will not be shy about advocating for you and your child to receive the maximum compensation you are entitled to. To schedule a free consultation, call us at (866) 535-9515 or fill out our online contact form today. Our product liability attorneys will review the circumstances of your case, inform you of your rights, and outline the process of seeking compensation.

FAQ about Toxic Baby Food MDL

Here are some of the most common questions and answers about the Heavy Metal Toxic Baby Food MDL Lawsuit.

What is the Heavy Metal Toxic Baby Food MDL Lawsuit?

The toxic baby food lawsuit is a simplified term for thousands of cases that have been consolidated into a federal multidistrict litigation (MDL). The MDL consists of lawsuits against multiple baby food manufacturers who have been accused of selling products contaminated with harmful heavy metals like arsenic, lead, and mercury.

Why were these lawsuits filed?

The toxic baby food MDL alleges that certain baby foods contain unsafe, high levels of certain heavy metals, which can lead to serious health issues in children, including neurodevelopmental disorders like autism and ADHD.

What are neurodevelopmental disorders?

Neurodevelopmental disorders encompass various conditions that affect brain development and function, impacting behavior, cognition, and social skills. Autism and ADHD are two of the most common conditions that fall under this term. Autism and ADHD actually co-occur quite often in many individuals. Usually, someone diagnosed with one condition also exhibits symptoms of the other.

Which companies are being sued in the lawsuit?

The baby food companies and manufacturers that are being sued in the toxic baby food MDL include Gerber, Beech-Nut, Earth's Best Organic, and HappyBABY, among others.

What evidence supports these claims?

Reports from organizations like the U.S. House of Representatives and Consumer Reports have found elevated levels of heavy metals in many baby food products, which are known to have harmful effects on the development of babies and children's brains.

What are heavy metals in baby food?

Heavy metals found in baby foods are tiny particles of metallic elements that can be toxic or poisonous at low concentrations, including arsenic, lead, mercury, and cadmium. It is well known that these metals are in a lot of food, including baby food. But nobody is completely sure how much metal is in the food and which foods are affected.

How can heavy metals affect children?

Exposure to these heavy metals in baby foods can harm brain development, leading to learning disabilities, lower IQ, behavioral issues, and other health problems throughout their life. The effect on the children is almost immeasurable.

What is an MDL?

A Multidistrict Litigation (MDL) is a special type of federal legal procedure that is used to speed up the process and increase the efficiency of complex cases that all have similar complaints against the same the defendant. The goal is to streamline pretrial processes, avoid duplicate discovery, prevent contradictative decesions in different state courts, and consolidate similar cases for more efficient resolution.

An MDL may sound like a class action lawsuit, but an MDL consolidates multiple individual lawsuits with similar facts for pretrial proceedings and the reasons we listed above. A class action lawsuit consolidates the claims of a large group of plaintiffs into a single lawsuit with a single plaintiff acting on behalf of the entire class. Therefore, once the pretrial proceedings are done with an MDL, each case is handled separately, whereas, in a class action, the result of the single trial applies to all the parties.

MDLs are not just for mass torts though, they can also be used for cases involving Product Liability, Environmental Disasters, Consumer Fraud, Antitrust Violations, Data Breaches and Privacy Violations, Intellectual Property Infringement, Securities Fraud, and of course, Mass Torts.

How can I join the MDL lawsuit?

Families who believe their child was affected by toxic heavy metals in baby food can join by contacting a lawyer who is experienced in handling complex product liability and who has specialized knowledge about this case.

What compensation can plaintiffs expect?

If the heavy metal baby food lawsuits go well and the science is proven to be sound, then some cases will be used as test trials (bellwether trials) so tht both sides can get and understanding of how things are likely to play out. If those cases show that the jury belieieves the plaintiffs' claims, then the defendants will likely start to settle with lots of the plaintiffs and they may decide to take others to court.

In any event, if a plaintiff is entitled to compensation, you can expect reimbursement for your damages, including:

• Medical Expenses
• Pain and Suffering
• Loss of Income
• Punitive Damages
• Other Economic Damages

What is the status of the lawsuit?

The MDL is just getting going and is in the "pretrial phase", which means that both sides are picking which attorneys will represent their side in the court, initial motions are being filed to ask the judge for certain conditions, initial discovery and evidence gathering is taking place, and the judge is setting a date for all the upcoming hearings.

If that sounds like a lot, imagine if this had to be done for the thousands of toxic baby food cases across the country, individually. Even at the state level, all of this would have to be done 50 times. That is why a federal MDL exists.

How long will the MDL process take?

MDLs can take several years to resolve, depending on the complexity and number of cases involved. Most of these cases are expected to take place in 2025, and some settlements could start as soon as the middle of next year.

Are all baby food products unsafe?

Not all baby food products contain unsafe levels of heavy metals; the lawsuits are only targeting those which have been found to have concerning levels of toxic metals.

How can parents ensure their baby's food is safe?

Parents can ensure their baby's food is safe by using some of the following resources.

1. Check for recalls and alerts using the FDA's "Recalls, Market Withdrawals, & Safety Alerts" page.
2. Choose certified organic products and whole foods in general (the more processing, the more likely heavy metals are to contaminate the food, and consult resources like the FDA for safety information.
3. Use websites and apps that are designed to help consumers check for safety warnings, like the Consumer Product Safety Commission (CPSC) website saferproducts.gov/PublicSearch that allows you to search for recalls on children's products. You can also use the CPSC Recall App to search for product recalls.
4. Try an app that allows you to scan a food and instantly get back any alerts or recalls, health scores, dangerous ingredients, unsustainable ingredients, and so much more. Almost all these apps also give you suggestions for safer alternatives. Here are just a few:
   • JollyGut
   • Yuka
   • Spoonful
   • CodeCheck
   • TrashPanda
   • GoodGuide
   • EWG's Food Scores

What actions are being taken to improve baby food safety?

Legislative efforts are being taken to increase regulatory scrutiny and to set stricter limits on heavy metals in baby foods. Over the last few years, there have been multiple hearings and investigations in Congress on this topic.

Have there been any settlements in the case?

As of now, there have been no settlements; the case is still in the pretrial phase.

Which baby foods are most likely to be contaminated?

According to a Consumer Reports study, baby foods that include carrots, sweet potatoes, and rice can be more likely to contain harmful levels of heavy metals. Root vegetables like carrots have prolonged contact with soil and dirt that may naturally possess heavy metals such as lead. The rice is prone to absorb arsenic and cadmium from groundwater, leading to higher levels of the toxin.

Are the toxic baby food autism lawsuits related to the Tylenol autism lawsuits?

These claims are not directly associated, but they do have many similarities. As time has passed, science has helped determine that some substances and products come with previously unknown harmful effects. It is likely that other products will be shown to have a connection to an increase in autism risk among consumers. However, lawsuits such as those involving baby food and Tylenol's risk of causing autism are considered separate.

A key takeaway from both claims is that infant's brains are highly malleable and vulnerable to damage from defective products. On another note, the recent setbacks of the Tylenol autism multidistrict litigation in federal court also provide the toxic baby food plaintiffs with a stark reminder about the importance of having clear scientific evidence to support a claim.

What does it cost to hire a baby food autism attorney?

There is no upfront cost associated with hiring a personal injury lawyer. In fact, you aren't responsible for any out-of-pocket payments. Personal injury attorneys recover a contingency fee, which is about 33% of the settlement or court awards. You also only pay this fee if your lawyer attains compensation for you. Otherwise, they are only entitled to a percentage of nothing.

Where can I find more information about the lawsuit?

Follow this page by Lawsuit Legal News for up-to-date information about the lawsuit and any recent developments. You can also contact lawyer Matthew Dolman, who is an expert on this case and is currently giving free consultations to any who thinks they may have a claim.