Consumers Claim Toxic Heavy Metals in Baby Food Class Action Lawsuits

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On Wednesday, a pair of class action lawsuits were filed against baby food giants Gerber and Hain Celestial Group claiming some of their products contain heavy metals, such as arsenic, lead, cadmium, and mercury.  

The class action lawsuits, filed in California and New York federal courts, join more than 40 other legal actions initiated in the wake of a congressional report that documented high levels of heavy toxic metal contamination in several brands of popular baby food.  

Lead plaintiff Susan Lawson, a California resident, accuses Gerber Products Company of deceptively promoting their baby food products as “natural,” “wholesome,” “organic,” and “Non-GMO” and tout their commitment to “the highest quality of food.” Pointing to the congressional report released earlier this year, Lawson says that she and other consumers would not have purchased Gerber baby food products had they known they contained heavy metals.  

Lead plaintiff Noelle Ojeda says that Hain Celestial Group similarly misleadingly marketed its Earth’s Best brand of baby food in her class action lawsuit filed in New York federal court. Ojeda too claims that Earth’s Best products contain heavy metals, despite representations that the baby foods are subjected to “rigorous product testing to guarantee quality and safety.” 

Heavy metals can enter foods through soil or water and can be introduced through additives and mixes, according to recent research. Pediatricians say that while the levels found in single baby food items do not pose a significant health risk to babies, long-term exposure can cause lasting neurodevelopmental disabilities in children. 

Each of the recently filed class action lawsuit seeks to represent consumers nationwide. In March, the plaintiffs in one of the many other toxic baby foods class action lawsuits filed a motion asking the Judicial Panel on Multidistrict Litigation to consolidate the cases in the Eastern District of New York. 

Indeed, Gerber, Earth’s Best, Nurture, Plum Organics, Beech Nut, Walmart, and other baby food producers face multiple legal actions over allegations their products contain toxic ingredients.  

In April, the Food and Drug Administration released an action plan to reduce the levels of lead, arsenic, cadmium, and mercury found in baby foods after facing strong political and community pressure. 

Have you purchased Earth’s Best or Gerber baby foods? Are you concerned about toxic heavy metals in the products? Tell us in the comment section below.  

The plaintiff in the Gerber class action lawsuit is represented by Daniel L. Warshaw, Michael H. Pearson, Melissa S. Weiner, and Daniel K. Asiedu of Pearson, Simon & Warshaw, LLP, Rebecca K. Timmons of Levin Papantonio Rafferty, Blake Hunter Yagman of Milberg Phillips Grossman LLP, Rachel Soffin of Greg Coleman Law, PC, and Daniel K. Bryson, and Harper T. Segui of Whitfield Bryson LLP.  

The Gerber Toxic Baby Food Class Action Lawsuit is Lawson v. Gerber Products Company, Case No. 3:21-cv-04006-JSC in the U.S. District Court Northern District of California, Oakland Division.  

The plaintiff in the Earth’s Best class action lawsuit is represented by Joseph P. Guglielmo of Scott+Scott Attorneys at Law LLP, and Amber L. Eck of Haeggquist & Eck, LLP.  

The Earth’s Best Toxic Baby Food Class Action Lawsuit is Ojeda v. Hain Celestial Group, Inc., Case No. 2:21-cv-02983 in the U.S. District Court for the Eastern District of New York.  

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