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Baby Food Lawsuits: What You Need to Know to File a Claim

A 2021 report by the U.S. House of Representatives Oversight and Reform Subcommittee on Economic and Consumer Policy announced increased amounts of inorganic heavy metals such as cadmium, arsenic, mercury, and lead have been found in baby food products manufactured by some of the nation’s top brands. More reports and studies have shed light on the levels of heavy metals in baby foods and toddler snacks. Several lawsuits have also been filed against major baby food manufacturers about the presence of heavy toxins in their baby food products. Learn more about the cases surrounding this topic and whether you may qualify to submit a claim.

What Baby Food Brands Are Affected?

Below are some of the companies stated in the report or have been named as defendants in cases regarding the existence of heavy metals in baby food:

  • HappyBaby Organics (Nurture and Happy BABY)
  • Beech-Nut
  • Gerber
  • Earth’s Best Organics
  • Plum Organics (Campbell Soup brand)
  • Sprout Organic Foods
  • Parent’s Choice (Walmart brand)

These brands have been tested and shown that the amount of heavy metals present in baby food products far exceeds the amounts recommended by the FDA and EPA. Test sources concluded that some baby food products contained over 90 times the amount of arsenic and five times more mercury than allowed by FDA standards.

What Types of Baby Food Contain Heavy Metals?

According to a report by Healthy Babies Bright Futures, 94% of all baby foods sampled contained high levels of heavy metals, including homemade baby food purees. The foods most contaminated with these metals were:

  • Rice cakes
  • Rice cereals
  • Rice-based puffs
  • Brown and white rice
  • Teething biscuits, crackers, and rusks
  • Raisins

High metal levels were also found in homemade fresh carrot and sweet potato purees. The organization advises alternating the source and brand of this fresh produce and peeling sweet potatoes before pureeing them.

Disorders Caused by Heavy Metal Exposure

Heavy metal exposure, especially in young children, has been linked to many health problems and disorders. Even small amounts of exposure can have serious adverse health effects. Children exposed to heavy metals may develop learning difficulties, cognitive delays, or behavioral issues. Heavy metal exposure is also associated with an increased risk of autism and ADHD.

Current Litigation Against Baby Food Manufacturers

Lawsuits against some of the nation’s top baby food manufacturers, such as Beech-Nut Nutrition, Gerber, Walmart, and Plum PBC, have been filed across the country. These lawsuits hold manufacturers accountable, stating that they knew about the toxin levels in baby food and continued to sell their products to the public. One of the first cases will go to trial in October 2023 in California. Lawsuits regarding toxic baby food are still in their infancy and are being tried case-by-case. In March 2023, plaintiffs in these cases sought to consolidate into multi-district litigation but were denied in March 2023, stating the claims would be best served individually.

How to File a Claim Against Baby Food Manufacturers

Until further action is taken, those who wish to file a claim regarding toxic baby food must file individual lawsuits. If more cases are filed, there’s the potential for the cases to become unified. To file a claim against a baby food manufacturer, you’ll need to meet the following criteria:

  • A child under the age of 15
  • Heavy metal exposure through baby foods listed above
  • Diagnosed with autism between the ages of 2-14
  • Diagnosed ADHD between the ages of 8-14.

If you fit the above criteria, you may be entitled to compensation. Contact the law office of Michael Brady Lynch to discuss your case to determine whether you’re eligible to file a claim.

Date: August 11, 2023

Author: Brandon Salter

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