Toxic Baby Food Lawyer Appointed As Interim Class Counsel in Lawsuit Against Nurture

The interim class counsel for Nurture toxic baby food lawsuits will take certain actions on behalf of all plaintiffs, while the court weighs whether to certify class action status.

The federal judge presiding over a group of toxic baby food lawsuits filed against Nurture, Inc., the maker of “Happy Baby” products, has appointed an interim class counsel for plaintiffs, who are seeking reimbursement and other damages after unknowingly serving their children food tainted with various heavy metals.

Nurture and other baby food manufacturers currently face an increasing number product liability and class action lawsuits filed over the past year, after a House Oversight Committee released a report that described internal documents and testing data, which found some baby foods contain high levels of toxic metals, with more than 91 times the maximum level of arsenic allowed in bottled water; 177 times the allowable levels of lead, 69 times the limits on cadmium, and five times the levels of allowable mercury.

On August 8, U.S. District Judge Mary Kay Vyskocil, of the Southern District of New York, issued an order (PDF) assigning interim lead counsel to represent plaintiffs involved in several class action lawsuits against Nurture, which have been consolidated in her district.

The interim counsel is designed to protect the interests of class plaintiffs, before the court determines whether to certify the case as a class action. In addition, appointing one toxic baby food lawyer to coordinate certain actions on behalf of all plaintiffs will also minimize the risk of duplicate filings, and allow the court to consolidate related files efficiently.

Baby Food Class Action Lawsuits Allege Toxic Metals Increased Risk of Autism, ADHD and Other Conditions

The class action lawsuits accuse Nurture of deceptive business practices, claiming the company misrepresented the safety of its baby food products by failing to disclose the presence of high levels of toxic heavy metals in its Happy Baby food products.

Plaintiffs in the lawsuits seek compensation for the money they paid to purchase Happy Baby products, an injunction requiring Nurture, Inc. to fully disclose the amount of heavy metal in its baby food, and a requirement that all ingredients and final products be tested for arsenic, cadmium, lead and mercury.

Although Nurture and other manufacturers continue to maintain their baby food is safe and appropriately labeled, the FDA and U.S. Centers for Disease Control and Prevention (CDC) have long maintained that exposing infants and children to toxic heavy metals can cause a permanent decrease in IQ, an increased risk of future criminal and antisocial behavior, and untreatable and frequently permanent brain damage.

Heavy metal exposure to infants is a serious concern. Lead exposure at any level is extremely unsafe for children. Prior studies have linked heavy metal exposure to behavioral impairments, brain damage, damage to the nervous system, seizures, growth impairments, and even death.

In addition to the class action claims, a number of families are also pursuing individual autism lawsuits and ADHD lawsuits against Nurture, Gerber, Beech-Nut and other manufacturers of baby food now known to contain high levels of toxic metals.