Heavy Metals in Baby Foods To Be Investigated by Texas AG

Gerber and Plum Organics have been sent Civil Investigative Demands by Texas Attorney General Ken Paxton, indicating the levels of heavy metals in baby food are “unreasonably dangerous.”

According to an investigation launched by the Texas Attorney General, Ken Paxton, baby food manufacturers that fail to warn consumers about the presence of toxic heavy metals may be violating advertising laws.

Paxton’s office issued a press release on August 26, announcing the investigation, which he also said will look into whether it is legal for the manufacturers to sell food tainted with heavy metals to children.

In April 2021, a U.S. Congressional Report first warned that many baby food products contained more than 91 times the maximum level of arsenic allowed in bottled water, 177 times the allowable levels of lead, 69 times the allowable level of cadmium and five times the allowed levels of mercury. These toxic heavy metals pose serious health concerns for young children, including increasing their risk of autism, ADHD and other developmental problems.

The findings have led to more than 200 toxic baby food lawsuits being filed by families of children left with developmental and health issues, attempting to hold the food manufacturers accountable for damages caused by exposure to heavy metals during the children’s early formative years. However, there is evidence that many baby food products continue to be sold with dangerous levels of lead, arsenic, cadmium and mercury.

The press release indicates Paxton has issued Civil Investigative Demands (CIDs) to both Gerber and Plum Organics, and intends to send similar demands to other baby food manufacturers. CIDs are used by U.S. government agencies and work like an administrative subpoena, often seeking answers to written questions, documents and oral testimony for civil investigations, usually preceding a lawsuit.

Paxton indicates he believes U.S. baby food manufacturers have set standards that allow “unreasonably dangerous” levels of arsenic, lead, cadmium and mercury.

“No parent should ever have to worry that the food they’re giving their children is filled with dangerously high levels of heavy metals. We will fight to end the broken system that has led to food products threatening the health of our children and secure justice for any parent misled by baby food manufacturers engaging in deceptive practices.”

–Ken Paxton, Texas Attorney General

The announcement comes about two weeks after a Consumer Reports baby food investigation listed Gerber and Plum Organics among the most transparent manufacturers when it comes to providing access to regular testing results.

Toxic Baby Food Lawsuits

Families pursuing toxic baby food lawsuits say manufacturers intentionally mislead parents and caregivers about the safety of food made for the nation’s most vulnerable population. They argue that had they not been deceived by false advertising, they would have made different choices for the food they fed their babies.

Due to common questions of fact and law, all federal baby food heavy metal lawsuits have been consolidated in the Northern District of Florida, where U.S. District Judge Jacqueline Scott Corley is conducting coordinated discovery and pretrial proceedings in preparation for early test trial dates.

However, there are also a number of baby food heavy metal lawsuits filed in California state court, where the first trial is expected to begin sometime this year.

While the outcome of that trial will not have any binding impact on other claims, it will be closely watched as any jury payout awarded may influence how much the manufacturers need to pay in autism or ADHD settlements to resolve the litigation.

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