Motion To Dismiss Toxic Baby Food Lawsuit Master Complaint To Be Filed Next Month

Lawyers for families of children diagnosed with autism or ADHD from toxic baby food products filed an Amended Master Complaint last month, outlining common allegations raised in the claims.

The U.S. District Judge presiding over all federal toxic baby food lawsuits, involving allegations that children were left with ADHD or autism after consuming products tainted with heavy metals, indicates that manufacturers must bring any motion to dismiss a recently filed Amended Master Complaint by June 27, 2025.

The litigation emerged after a U.S. Congressional report was released in April 2021, warning about widespread baby food metal contamination throughout the U.S. food supply. Investigators reported that many 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.

Since the report was filed, more than 130 toxic baby food lawsuits have been filed throughout the federal court system against Gerber, Nurture, Beech-Nut and other makers of popular baby food brands, each involving allegations that high levels of arsenic, lead, cadmium and mercury sold in many popular brand name products led to children developing life-long disabilities.

Last year, a federal toxic baby food lawsuit MDL (multidistrict litigation) was established in the Northern District of California, which consolidated claims brought throughout the federal court system before U.S. District Judge Jacqueline Scott Corley for coordinated discovery and pretrial proceedings.

Earlier this year, Judge Corley issued an order dismissing certain claims raised in a Master Complaint filed by plaintiffs, which outlines each of the allegations raised in the various different lawsuits. The decision struck references to aluminum and contaminated infant formula products from the Master Complaint, but refused to dismiss the litigation entirely.

As a result of the ruling, Plaintiffs filed an Amended Master Complaint on April 16, updating certain allegations and claims likely to be repeated throughout the litigation.

Following a conference with Judge Corley on May 22, a pretrial order (PDF) was issued by the Court, indicating that any defendants served with the Amended Master Complaint must file new Motions to Dismiss by June 27, 2025, with plaintiffs’ opposition briefs due by July 25 and any reply briefs by the defendants needing to be filed by August 14, 2025.