Baby Food Lawsuit

Consuming this baby food may have caused thousands of children to develop autism and other neurodevelopmental disorders.

Do you recall the study that came out in the 1990’s stating there was no link between Autism and heavy metals?

There a several law firms currently evaluating claims for injuries to children that have been diagnosed with Autism or ADHD after consuming baby food products. Recent reports from the Subcommittee on Economic and Consumer Policy, a branch of the U.S. House of Representatives Committee on Oversight and Reform have indicated that at least four major baby food manufacturers may have sold products with unacceptable levels of toxic metals such as arsenic, lead, cadmium, and mercury. What if your child has been diagnosed with Autism or ADHD after consuming baby food products?

We now know that several brands of very popular baby foods contained alarmingly high levels of heavy metals such as mercury, arsenic, lead, and cadmium. All these heavy metals are well-known to be severe neurotoxins. Consuming these baby foods may have caused thousands of children to develop autism and other neurodevelopmental disorders.

Lawsuits are now being filed around the country alleging against the manufacturers of these contaminated baby foods. These baby food autism lawsuits allege the manufacturers knew about the presence of heavy metals in their products and that the plaintiffs and/or their children developed autism from consuming them.

Baby Food Heavy Metals Report

There are recognized acceptable levels of metals in manufactured foods and drinks because of pollution. Food manufacturers must monitor their production levels for these harmful substances. The U.S. Food and Drug Administration (FDA) and Environmental Protection Agency (EPA) allow for 10 parts per billion (ppb) inorganic arsenic, 5 ppb cadmium, 5 ppb lead, and 2 ppb mercury in drinking water.

However, the U.S. House of Representatives Committee on Oversight and Reform baby food report found 177 times more than the acceptable level of lead, up to 91 times more than the acceptable level of arsenic, up to 69 times more than the acceptable level of cadmium, and up to 5 times more than the acceptable level of mercury.

Discovery of Toxic Heavy Metals in Certain Baby Food Brands

In October 2019, a non-profit organization called Happy Babies Bright Futures (“HBBF”), published a report with the results of extensive testing performed on 168 different baby foods sold on the U.S. market. The HBBF report found that over 90% of the tested products were contaminated with arsenic, lead, cadmium, and mercury. All but nine of 168 baby foods contained at least of one these metals and most contained more than one.

Specifically, the HBBF report identified “puffs and other snacks made with rice flour”, “teething biscuits and rice rusks”, “infant rice cereal”, “an apple, pear, grape, and other fruit juices”, and “carrots and sweet potatoes” manufactured by baby food companies as particularly high in the toxic metals.

What baby food has heavy metals?

Some baby foods have higher levels of heavy metals than others, including:

• infant rice cereal.
• infant rice puff snacks.
• teething biscuits and rice rusks.
• fruit juice.
• carrots and sweet potatoes.

Congressional Report Confirms Findings of Toxic Heavy Metals in Baby Food

On February 4, 2021, the U.S. House of Representatives Subcommittee on Economic and Consumer Policy issued a detailed investigative report entitled Baby Foods are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury (the “Congressional Report”). The Congressional Report confirmed the HBBF findings that many major baby food brands contain toxic heavy metals such as lead, arsenic, and mercury.

The levels of these metals found in the baby food were many times higher than the levels allowed for other products like bottled water. For example, the FDA’s maximum safe level for lead in bottled water is 5 ppb. The Congressional Report found that Beech-Nut brand baby foods tested as high as 886 ppb for lead and Hain Celestial (Nature’s Best) brands contained 641 ppb.  Other major brands, including Gerber, Campbell Plum, and Walmart had lead levels between 25-40 ppb, which was still 5-10 times higher than the safe limit.

The most shocking finding contained in the Congressional Report, however, was that the food manufacturers were well aware that their products contained these high levels of toxic metals.

Internal testing at many manufacturers confirmed that the foods contained dangerously high levels of lead and other metals, but the products were sold anyway.  Hain Celestial held a meeting with the FDA at which it acknowledged the heavy metal contamination in its baby food products.

The FDA under Trump did nothing in response to this Congressional Report.  Under Biden?  Nothing but baby steps.  Very frustrating. For any victims, all they can do is file a baby food autism lawsuit to be heard and make a difference for their child.

Link Between Autism and Heavy Metals

Autism spectrum disorder (“autism”) is a neurologic disorder that impairs the individual’s ability to engage in normal social interactions, learning, and interpersonal communications. Autism comes in different levels of severity and a variety of related symptoms. Autism is not something that can be cured.

The exact causes of autism are not fully understood. There is evidence that consumption of toxic heavy metals (such as in baby foods) can cause autism. Many studies released over the last decade have consistently found a positive association between exposure to toxic heavy metals (particularly during infancy and early childhood) and the development of autism.

One of the first studies was published in 2014. This study found that environmental exposure to mercury during early infancy caused a twofold increase in the risk of developing autism. A 2017 cohort study of children in Korea found a similar link between mercury exposure and autism.

In 2019, researchers at the University of Buffalo published the results of an extensive study on the association between children’s exposure to arsenic and autism. The analysis concluded that there is consistent evidence supporting a positive association between early life inorganic arsenic exposure and autism diagnosis. Similar results were observed in another systematic review and meta-analysis published in 2020 by researchers at the State University of New York. This study found a similar connection between autism and exposure to cadmium and mercury.

Lawsuits Alleging Heavy Metals in Baby Food Cause Autism

The Congressional Report about heavy metals in baby food has prompted many product liability lawsuits against baby food manufacturers by parents who allege that these products caused their child to develop autism.

The baby food autism lawsuits are based in part on findings in the Congressional Report. The report confirmed what baby food lawyers have been saying long before these autism lawsuits were being taken seriously.  Baby food manufacturers were aware their food contained unsafe levels of heavy metals. Some baby food companies have ignored their internal testing procedures for detecting heavy metals in their products.

The foundation of every heavy metal food autism lawsuit is the complaint that these companies simply ignored test results finding dangerously high metal levels.  Many of these companies violated their internal company standards in doing so. It is not too dramatic to say that is putting profits over babies.

Other manufacturers, such as Hain Celestial, simply don’t bother to test their products for heavy metal contamination levels. Some companies, such as Plum Organics and Sprout Foods, Inc., refused to cooperate with the congressional investigation, so we don’t know what testing they may have done on their products. All these baby food companies either knew or should have known about the scientific research linking exposure to heavy metals in baby food causes autism.

Universal Agreement on Lead in Baby Food

Lead is a heavy metal that is a known neurotoxin and carcinogen. Lead is readily absorbed into body tissue and it is hard to expel. This makes lead harmful for longer.

This is not just the musing of a lawyer looking to file a baby food autism lawsuit. There is widespread agreement on the perils of children consuming lead.

• The Centers for Disease Control (CDC): “No safe blood lead level has been identified.”
• The Food and Drug Administration (FDA): There is no known identified safe blood lead level.”
• The World Health Organization (WHO): The neurological and behavioral effects of lead are believed to be irreversible. There is no known ‘safe’ blood lead concentration…”
• The American Medical Association (AMA): “We know that there is no safe level of lead.”
• American Academy of Pediatrics (AAP): “There is no safe level of lead exposure in children, with lasting decreases in cognition documented in children with blood levels as low as 5 micrograms per deciliter of lead in blood.”

The House Report on baby food found up to 177 times – 177 times! – more than the levels of lead deemed acceptable for adults. So why do we continue to allow lead in baby food?  This recent study provides one answer.  We are not getting decisions and recommendations from neutral third parties with our children’s best interests in mind. We are getting it from people in the industry who profit from not properly monitoring the lead levels in the food that we are giving our children.

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:

“[t]he implications of heavy metals with regards to children’s health have been noted to be more severe compared to adults. The elements’ harmful consequences on children’s health include mental retardation, neurocognitive disorders, behavioral disorders, respiratory problems, cancer and cardiovascular diseases. Much attention should be given to heavy metals because of their high toxicity potential, widespread use, and prevalence.”

Example of Baby Food Autism Lawsuit

Not long after the Congressional Report detailing the extent of heavy metal contamination in various major baby food brands was made public, a group of baby food autism lawsuits was filed across the country. These autism lawsuits asserted that the baby food companies knew that their products contained unsafe levels of toxic heavy metals and that the plaintiffs developed autism as a proximate result of consuming the metals in these foods.

One of these contaminated baby food autism lawsuits was the case of Lawrence v. Hain Celestial Group, et al., 1:21-cv-01287 (E.D. NY), which was filed in federal court in New York in March 2021. The 50-page complaint in Lawrence sets forth the full story behind the discovery of toxic levels of heavy metals in baby foods, starting with the HBBF call to action to the subsequent congressional investigation. The complaint lays out a detailed statement of the scientific causation evidence regarding the link between autism and exposure to lead, arsenic, mercury, and other heavy metals during early childhood development.

In the “Plaintiff-Specific Allegations” section, the baby food causes autism lawsuit states that the baby was regularly fed Earth’s Best Organic and other baby food brands manufactured by the defendants. The complaint relies on the congressional report for its assertion that these foods were contaminated with various heavy metals and claims, based on “prevailing scientific evidence,” that consuming these metals in baby food causes autism.

The complaint sets forth seven separate product liability causes of action. The causes of action included strict liability claims for failure to warn, design defect, and manufacturing defect. The four negligence claims were based on the same three3 theories, plus an additional claim for negligent misrepresentation.

February 2022 Baby Food Class Action Lawsuit

Baby food manufacturers Gerber, Beech-Nut, Nuture Inc., Plum Inc., Sprout Foods, and Walmart, were named as defendants in a new consumer toxic baby food class action lawsuit filed last week in Los Angeles County Superior Court. This baby food lawsuit alleges that the defendants violated numerous consumer protection laws by falsely marketing their products as safe when they contained dangerously high levels of toxic heavy metals such as lead, mercury, and arsenic.

The plaintiffs seeking to represent the class are 13 individuals who allegedly purchased and used baby food products manufactured by the defendants.  None of the plaintiffs (or their children) have suffered any physical injuries and the lawsuit only seeks economic and statutory damages.

The factual allegations in the complaint are drawn almost entirely from the data reported last year in a U.S. Congressional subcommittee report about toxic metal contamination in baby foods.

The bigger question is whether there will be a baby food autism class action lawsuit.  There are not enough cases yet.  But this litigation is starting to gain steam so we see if a class action is on the horizon in these heavy metal baby food lawsuits.

Who Are the Defendants in Baby Food autism Lawsuits?

Possible defendants in your baby food autism lawsuit include:

• Beech-Nut
• Gerber
• Hain Celestial Group (Earth’s Best Organic)
• Nurture (Happy Family Organics and HappyBABY Plum)
• Organics Sprout Foods (Sprout Organic Food)
• Walmart (Parent’s Choice)

Where Are the Baby Food Autism Lawsuits Going?

There is no federal MDL class action baby food autism lawsuit. There are cases filed individually around the country in state and federal courts. Many toxic baby food lawsuits have been filed in California. These suits are progressive more quickly there than in other jurisdictions. If one of these lawsuits makes it to trial and gets a verdict, this litigation will explode.

What has to happen before a baby food lawsuit makes it to trial?  The big thing is getting the trial judge to agree that the science shows there is a link between baby food and autism. There are good studies that link heavy metal and autism. But baby food autism lawyers need to show that this link extends to the metals in baby food.

In federal court cases, courts use a process called Daubert to determine if the science is strong enough to proceed to trial.  In California, the process is called Sargon.  Both are named after court cases that set federal and California standards for whether the science presented by the experts is sufficient.  If toxic baby food lawyers get past this hurdle, that could compel baby food makers to work harder to get rid of toxic heavy metals in their products… and offer reasonable settlement amounts for the pending toxic baby food lawsuits.

In the California lawsuits, four heavy hitter experts testified for the plaintiffs:

1. Dr. Beate Ritz (epidemiologist at UCLA)
2. Dr. Hannah Gardener (Epidemiologist at the University of Miami)
3. Dr. Michael Aschner (Professor of Neuroscience at Albert Einstein)
4. Dr. Kevin Shapiro (Executive Director of Research and Therapeutic Technologies at Cortica)

It would seem difficult to suggest that these experts do not employ well-tested science to form their conclusions.  We will see.

The Food and Drug Administration Responds

The FDA takes exposure to toxic elements in the food supply extremely seriously, especially when it comes to protecting the health and safety of the youngest and most vulnerable in the population…

>> Click here to Read the FDA’s FULL Response.

Which Baby Foods are Safe?

The recent report indicated that toxic metals have been found in products produced by Nurture, Gerber, Campbells, Beech-Nut Nutrition Company, Hain Celestial Group, Walmart, and Sprout Organic Food. Some baby foods are manufactured by these companies under different names, making it difficult for parents to know which foods are safe for their children. Notably, three major baby food producers declined to release internal documents about their products. Independent testing has revealed that these products also contain elevated levels of heavy metals.

What Heavy Metals have been found?

• Arsenic
• Cadmium
• Lead
• Mercury
• Aluminum

Consult a Doctor on Medical Issues

Our law firm does not intend, by this web site or otherwise, to dissuade anyone from taking the advice of medical professionals and their doctors. Please consult your doctor, not your lawyer, on matters relating to your health.

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That was all a lie! The truth is coming out.

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Cerebelly Wins Clean Label Project Purity Award.

This was a test the Cerebelly team knew we would ace!

Clean Label Project is a national non-profit with the mission to bring truth and transparency to food and consumer product labeling. Clean Label Project is committed to changing the definition of food and consumer safety through the use of data, science, and transparency. It awards brands that voluntarily and proactively surpass the minimum food safety regulations required by FDA and look deeper into their supply chain to avoid industrial & environmental contaminants in the ingredients that they use.

Clean Label Project tests for more than 400 harmful environmental and industrial contaminants to reveal the true contents of America’s best-selling consumer products. They use benchmarking to identify the very best products in any given category to determine the brands with products that are “best-in-class”.  This approach sees past any fancy marketing by relying on data and science. Their certification process also factors in good stuff like ingredient quality (which we are total nerds about!).  

The products that the Clean Label Project tests represent 80% of the best-selling products across America, including baby food.  

By using random retail sampling and unbiased testing, The Clean Label Project establishes evidence-based benchmarks for the brands you love the most.  Cerebelly being one of them!

NUTRITION

Cerebelly Wins Clean Label Project Purity Award.

This was a test the Cerebelly team knew we would ace!

Clean Label Project is a national non-profit with the mission to bring truth and transparency to food and consumer product labeling. Clean Label Project is committed to changing the definition of food and consumer safety through the use of data, science, and transparency. It awards brands that voluntarily and proactively surpass the minimum food safety regulations required by FDA and look deeper into their supply chain to avoid industrial & environmental contaminants in the ingredients that they use.

Clean Label Project tests for more than 400 harmful environmental and industrial contaminants to reveal the true contents of America’s best-selling consumer products. They use benchmarking to identify the very best products in any given category to determine the brands with products that are “best-in-class”.  This approach sees past any fancy marketing by relying on data and science. Their certification process also factors in good stuff like ingredient quality (which we are total nerds about!).  

The products that the Clean Label Project tests represent 80% of the best-selling products across America, including baby food.  

By using random retail sampling and unbiased testing, The Clean Label Project establishes evidence-based benchmarks for the brands you love the most.  Cerebelly being one of them!

This was a test the Cerebelly team knew we would ace!

We are proud to announce that Cerebelly has been awarded the Clean Label Project Purity Award by Clean Label Project. After rigorous, independent testing of our foods for over 400 different contaminants including heavy metals, chemicals, plastics, pesticides and other toxins, Clean Label Project has determined that Cerebelly meets their highest standard. We are the first shelf-stable baby food to receive this incredible honor and are excited to lead the way.  

It feels great to know that we are raising the bar for the baby food industry. But it feels even better when an independent, third-party expert validates our hard work and commitment to quality.

Cerebelly was created to produce quality food that is BOTH high in good brain nutrition and without the bad stuff that could harm your little one’s developing mind. But what does this mean, exactly? It means we go the extra mile in the sourcing of all our veggies and fruits and we put our ingredients and our final products through rigorous testing before releasing it for sale. You can read about Cerebelly’s processes and our commitment to high quality ingredients here.

“Cerebelly’s commitment to keeping the bad stuff out of their food, while delivering superior veggie-first nutrition is remarkable,” says, Jaclyn Bowen MPH, MS, food safety quality and systems engineer and Executive Director of Clean Label Project. “We need more companies like Cerebelly to go above and beyond to help raise the standards by preventing harmful heavy metals, toxins, herbicides and pesticides from contaminating their food products.”

What does Clean Label Project test for?

Clean Label Project simulates the consumer shopping experience by actually going to local co-ops, national grocery stores, and online retailers to purchase product samples. Clean Label Project wants to make sure that the products that it’s testing are the EXACT sample products that you have in your refrigerator and pantry. Instead of taking them home, Clean Label Project sends the samples out to one of its accredited analytical chemistry laboratory partner for testing. The products are independently tested for over 400 contaminants, including:

• Lead
• Total Arsenic
• Cadmium
• Mercury
• Bisphenols (BPA/BPS)
• 300+ Pesticides- including Glyphosate (the active ingredient in RoundUp)
• Melamine and its analogues like cyanuric acid, ammeline, and ammelide
• Mycotoxins
• And more!

How did Cerebelly get certified by The Clean Label Project?

The Clean Label Project bought our product just like you do – online or at a major retail chain.  They randomly selected Cerebelly pouches off the shelf and then conducted their 100% unbiased, 3rd party testing at an accredited laboratory. Cerebelly met Clean Label Project’s highest standard of purity in order to receive this Clean Label Purity Award.

Long before this award, we carefully hand-selected our farmers and vetted their water and soils. We always test key ingredients for safety and purity before using them. In addition, we also test samples from every batch of food we make before releasing them for sale. Being awarded the Clean Label Purity Award doesn’t surprise us, but it does validate the extraordinary lengths we go to to keep your little ones safe. 

Our work won’t stop here. We will continue to rigorously test and go the extra mile.  We hope that together we can raise the standards by which all baby food is made.

Thank you Clean Label Project for the incredible work you do, and recognizing our commitment to offering the very best for every child.

If your child has suffered autism and you believe these metals in baby food are the cause, you may be eligible for compensation in a baby food autism lawsuit. Call our lawyers today at 800-553-8082.

Baum Hedlund is in active litigation against the baby food companies listed above and intends to go to trial in 2022. To see if your child qualifies for a baby food lawsuit, fill out our confidential case evaluation form or call our legal team at (855) 948-5098 to schedule an appointment with a lawyer who can answer all your questions

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