Active case
Parents are suing major baby food makers for selling products containing toxic heavy metals.
Active case
Several major baby food brands are the subject of a toxic baby food lawsuit. Plaintiffs allege that children suffered brain development issues from eating baby food products that contain toxic heavy metals. The effects from this type of toxic exposure can include attention deficit hyperactivity disorder (ADHD) and autism spectrum disorder (ASD).
The toxic baby food mass tort is a consolidation of federally filed lawsuits in which plaintiffs allege that several baby food brands contained elevated levels of toxic heavy metals such as arsenic, cadmium, lead and mercury. Attorneys for the plaintiffs argue that elevated levels of these toxins lead to diagnoses of ADHD and ASD.
The cases within the MDL also allege that defendants knew the baby food exposed children to toxic heavy metals, yet they knowingly continued to produce and market it.
The lawsuits are collected in MDL-3101, IN RE: Baby Food Products Liability Litigation.
MDLs are a way of handling mass torts. They collect related lawsuits into a single court, presided over by an appointed judge for pretrial coordination. Judge Jacqueline Scott Corley is the presiding judge of this MDL.
The toxic baby food lawsuits include some widely recognized brands. Defendants include:
The toxic baby food claims within the federal MDL are not the only litigation alleging that baby food companies knowingly sold potentially harmful baby foods. There’s a separate mass tort against major baby formula brands for allegedly making and selling baby formula that could cause necrotizing enterocolitis (NEC) – a sometimes fatal gastrointestinal condition – in premature infants.
Companies Abbot and Mead Johnson and their Similac and Enfamil brands are the defendants.
The toxic baby food lawsuits in the MDL allege that defendants’ products contained high levels of arsenic, cadmium, lead and mercury. Each of these toxins poses serious dangers to children exposed to them.
In some cases, the ingredients are the source of the toxins. Rice, fruit juice, certain spices and root vegetables in baby foods have been linked to toxic heavy metal exposure.
The heavy metals found in some baby foods can have serious health effects on the human body. The information below outlines potential effects of food or household products containing these toxins.
Arsenic
Lower levels of arsenic exposure can cause nausea, abnormal heart rhythm and a “pins and needles” sensation in the hands and feet. Less noticeable symptoms can include decreased white and red blood cell production and damaged blood vessels.
Long-term exposure to low arsenic levels can also cause darkening of the skin and warts on the palms, torso and soles of the feet.
The EPA set a limit of .01 parts per million (PPM) for arsenic in drinking water.
Cadmium
At lower exposure levels, cadmium builds up in the kidneys. This can lead to kidney disease, lung damage and fragile bones.
The FDA and EPA set regulatory limits of 5 parts per billion of cadmium in drinking water.
Lead
Lead exposure may not reveal short-term symptoms. But even lower levels of exposure can impact children’s brain development. Lower IQ, reduced attention span and signs of antisocial behavior are all potential results of lead exposure in children.
Lead typically works its way to the brain, liver, kidney and bones. It accumulates in the teeth and bones.
Researchers believe the effects of lead poisoning are irreversible. There is no known “safe” limit on blood lead levels.
Mercury
The health effects of mercury can vary by:
Babies who eat food tainted with mercury are at risk of damage to their nervous system. Signs of exposure can include anxiety, depression, mood changes, numbness or physical tremors.
Long-term effects include difficulty solving problems, hand-eye coordination issues and motor skill impairment.
In 2018, Consumer Reports tested 14 products from some of the brands named in the lawsuits filed in the MDL. The consumer organization updated the test in 2023 and shared the results. They selected products likely to contain heavy metals. Here’s what Consumer Reports tested:
Beech-Nut
Earth's Best Organic
Gerber
Happy Family Organics and HappyBaby
Consumer Reports concluded that four of the products contained such high levels of toxins that children should not eat more than a half-serving per day. The other products contained fewer toxins but still had recommended daily limits.
Consumer Reports did not test products from defendants Plum Organics or Sprout Organics Food.
If your baby suffered developmental delays or other health effects after being fed baby food that allegedly contains high levels of toxic heavy metals, you may have a claim.
Contact medical attorney Laura Stemkowski by email or call 1.800.768.4026 for more information or to discuss a potential claim.
There is no safe level of toxic heavy metals in baby food. However, the Environmental Protection Agency set standards for arsenic in bottled water at 10 parts per billion (PPB). None of the four heavy metals mentioned in this article have any “established health benefit,” according to the EPA.
In comparison, some Nurture products contained up to 180 PPB. Twenty-five percent of the products the company tested contained more than 100 PPB of organic arsenic. Earth’s Best Organic, Beech-Nut and Gerber baby foods also used high-arsenic ingredients, some of them reaching levels higher than 913 PPB.
A US House of Representatives subcommittee concluded that many baby foods contain dangerous levels of heavy metals. The congressional report urges the Food and Drug Administration (FDA) to require lower levels of arsenic, cadmium, lead and mercury in baby foods.
The toxins found in the defendant’s products can cause a number of health problems. Here’s a breakdown of how each toxin can impact a child’s health and information about how medical professionals determine if they’ve been exposed. If you suspect that your child is suffering from exposure to these toxins, contact your primary care provider immediately.
Arsenic is a threat to gastrointestinal, hematological, hepatic, immunologic, neurological and pulmonary systems. The most severe effects of arsenic exposure are a damaged central nervous system and impaired cognitive development.
Signs of exposure include a wide range of symptoms. They include nausea, headaches, weakness, seizures and anemia. The Agency for Toxic Substances and Disease Registry (ATSDR) has a comprehensive list of possible symptoms.
The wide range of symptoms might require a number of different tests to diagnose arsenic exposure. Urine tests over a 24-hour period may be among the first steps.
Cadmium exposure can result in ADHD and lower Full Scale IQ scores. Other effects can include kidney, nervous system, renal, liver and cardiovascular damage. Children are particularly at risk from foodborne cadmium exposure because they might take in more cadmium relative to their body weight.
Doctors may have to test liver and kidney function to determine if a child is suffering from cadmium exposure.
Lead can impact cognitive performance, behavioral development, postnatal growth and the onset of puberty. The cognitive effects of early childhood lead poisoning also appear to be permanent.
Signs of low-level lead exposure might not be obvious at first. Assessing lead levels in a child requires a blood test.
Most studies focus on prenatal mercury exposure. Long-term effects in postnatal children can vary but can include cardiovascular conditions and neurological damage.
Doctors may require a blood test, urine test and physical exam to diagnose a child with lead poisoning. They will also ask questions about the child’s diet.
Immediately consult your primary care provider if your child shows signs of:
Your healthcare provider should be able to assess whether toxic baby food might be a cause of your child’s health problems. If medical experts determine that eating baby food made by any of the defendants exposed your child to heavy metals, you may be eligible to file a lawsuit.
A Motley Rice toxic exposure attorney can evaluate your legal options.
No, there is no class action for injuries from toxic baby food. Instead, plaintiffs are part of a mass tort action called a multidistrict litigation (MDL). An MDL allows plaintiffs’, defendants and courts to collaborate and function more efficiently. The process allows cases with commonalities to be litigated most efficiently.
When an individual case goes to trial and wins in an MDL, the award only goes to the plaintiffs in that individual case.
The tainted baby foods MDL currently has 27 plaintiffs. More are likely to join the docket as more parents trace their children’s health issues to the presence of heavy metals.
People whose children experienced harm from using the defendants’ allegedly toxic products may be eligible to sue. The defendants include:
The number of people claiming harm from these products is growing. The Judicial Panel on Multidistrict Litigation (JPML) organized the individual lawsuits into a multidistrict docket to handle this growing volume.
You will need to demonstrate that:
Attorneys can help you gather this information and build your case.
05.01.24
US District Court Judge Jacqueline Scott Corley appointed attorneys to the Plaintiffs’ Steering Committee in the Baby Food Products Liability multidistrict litigation (MDL 3101). Motley Rice attorney Laura Stemkowski was one of the attorneys appointed to the committee.
04.01.24
The United States JPML transferred the toxic baby food cases to the Northern District of California for coordinated or consolidated pretrial proceedings.
10.01.23
The California State Assembly passed Assembly Bill 899 (AB 899), which went into effect in January 2024. The law requires the baby food industry to test and disclose the levels of arsenic, cadmium, lead and mercury in their products.
06.01.23
Consumer Reports released the results of their updated baby food tests, which were first published in 2018. The report states that defendants’ products still contain high levels of toxic heavy metals.
01.01.23
Four US legislators expressed their concern about baby foods containing toxins in a letter to FDA Commissioner Robert Califf. They asked for an update on actions the FDA plans to take. The legislators set a February 20, 2023, deadline for a response.
02.01.21
A House of Representatives Oversight Committee found that the heavy metals content of baby food is far higher than bottled water: “91 times, 177 times, 69 times and 5 times the limits of arsenic, lead, cadmium and mercury permitted in bottled drinking water, respectively.”
Motley Rice attorneys have successfully sought justice for the families of children harmed by toxic exposure, including:
Our law firm continues to represent parents whose children were allegedly exposed to dangerous levels of lead in apple-cinnamon fruit pouches made by WanaBana, Schnucks and Weis Markets.
What is the toxic baby food lawsuit?
Which toxins are in the baby food?
Consumer Reports tested baby food for toxins
What level of toxic heavy metals is safe in baby food?
How toxins and heavy metals affect infants
What should I do if my child ate toxic baby food?
Is there a class action lawsuit for toxic baby foods?
Am I eligible to sue baby food companies for my child’s health issues?
Baby food heavy metals lawsuit: updates and timeline
Our toxic exposure litigation experience
Member
Fidelma Fitzpatrick represents people and communities in toxic tort and environmental matters, including property damage and personal injury claims. Her experience with complex civil litigation has led her to represent other victims of corporate malfeasance, including thousands of women who suffered health problems after receiving medical devices such as Essure®, pelvic mesh/sling products and IUDs, as well as people harmed by consumer products such as chemical hair straighteners.
Associate
Laura Stemkowski advocates for victims harmed by medical drugs and devices and corporate misconduct, with a focus on women’s health.
