Class Action Lawsuits Support The Claims Of Parents of Children With Developmental Difficulties and Autism

Lawsuits and local news coverage is alerting California parents about baby food that contains toxic heavy metals

Wednesday, January 19, 2022 - Californians are not ones to sit idly by when the health and safety of their children are threatened. Recently a California district court judge issued a ruling stating that a class action lawsuit against baby food maker Plum Organics may proceed as planned. Parents of California children allege that Plum covered up what they knew or had an obligation to know, about illegally high levels of toxic, carcinogenic heavy metals tainted their baby food products. The judge upheld a statute where a company can be held liable even though the Food and Drug Administration (FDA) determined the baby food to be safe originally. According to TopClassActions.com, "U.S. District Judge Yvonne Gonzalez Rogers rejected Plum's motion to dismiss on all but one claim, ruling that the baby food company could fool consumers with its alleged omissions and denying Plum's claims U.S. Food and Drug Administration (FDA)'s disclosure requirement preempted the lawsuit, Law360 reports." The judge was left wondering about and raising questions about the company's relationship with the FDA and why the FDA was keeping silent instead of doing its job of protecting the nation's children. Plaintiffs in the class-action lawsuit claim that Plum Organics breached their implied warranty and engaged in deception in failing to provide a toxic baby food warning. Retailer Walmart is also the defendant in a similar class-action lawsuit for marketing and selling toxic baby food. According to CBS News, "Walmart raised the amount of arsenic it allowed in its products, going from an internal company standard of 23 parts per billion to the maximum allowed by FDA of 100 parts per billion." Gerber Products is also accused in another class action of failing to warn customers about the presence of toxic heavy metals in their baby food and arsenic in their rice cereal.

Individual lawsuits accuse Nurture, Inc., Beech-Nut, Hain, and Gerber of failing to warn their customers about the presence of toxic heavy metals. The baby food industry is self-regulating to companies have chosen to look the other way until lawsuits forced them to take their collective heads out of the sand. Even when the FDA gets involved to set standards on the amount of arsenic in rice cereals, their mandates are rarely enforced. Most of all, taxpayer-funded low-income Federal food supplement programs push recipients to purchase only the foods from a state-generated list which includes Gerber and Plum Organic products. Reports of toxic heavy metals in baby food being the source of children's developmental difficulties started to be taken seriously only after the US Congress took up the matter and investigated it. According to WJLA.com "Two Congressional reports, this year uncovered alarming levels of lead, arsenic, cadmium, and mercury in baby food, and that the companies (are) knowingly keeping toxic products on the market and consistently cutting corners and putting profit over the health of babies and children."

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Lawyers for Baby Food Heavy Metals Lawsuits

We will represent all persons involved in a toxic baby food lawsuit on a contingency basis, meaning there are never any legal fees unless we win compensation in your case. Anyone whose child was diagnosed with autism, ADHD, or another neurological disorder after eating contaminated baby food is eligible to receive a free, no-obligation case review from our attorneys. Simply contact our firm through the online contact form or the chat feature and one of our baby food lawyers will contact you promptly to discuss your case.