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Toxic baby food lawsuits over heavy metal contamination

Toxic baby food lawsuits over heavy metal contamination

Toxic Baby Food Metal Poisoning Lawsuit

Updates and Settlement Information

Is There a Baby Food Lawsuit?

Yes. Many popular baby food brands including Gerber, Nurture, Beech-Nut and others have been found to contain dangerous levels of lead, arsenic, cadmium and mercury.

Baby food Autism and ADHD lawsuits are being pursued for families of children who developed Autism, ADHD or other neurological conditions after consuming these contaminated baby food products.

Lawsuits are being pursued on behalf of families whose children were diagnosed with Autism or ADHD after consuming baby food from the following brands:

  • Nurture, which includes HappyBABY products
  • Beech-Nut
  • Gerber
  • Hain Celestial Group, maker of Earth’s Best Organic products
  • Campbell, which owns the Plum Organics brand
  • Sprout Foods, including Sprout Organic products

 

UPDATED:


Toxic Baby Food Lawsuit Overview

Following the release of a Congressional report in early 2021 and a Bloomberg Law report in January 2023, it has been confirmed that many baby food products manufactured and sold by Gerber, Beech-Nut Nutrition, Plum, Hain, Campbell, Walmart, Sprout and other companies contain dangerous levels of heavy metals.

The products have been found to contain one or more heavy metals including arsenic, lead, cadmium and mercury that may increase the risk of autism or ADHD in children.

Who Can File A Toxic Baby Food Lawsuit?

Product liability lawyers are pursuing toxic baby food lawsuits for families of children who were fed the impacted brands for at least one year, and developed any of the following injuries:

  • Autism diagnosed between ages of 2 and 14
  • Severe ADHD diagnosed between ages of 8 and 14

To file a baby food Autism or ADHD lawsuit, submit information for a product liability lawyer to review. All cases are handled on a contingency fee basis, which means there are no fees unless your case is won.

Toxic baby food lawsuits over heavy metal contamination
Toxic baby food lawsuits over heavy metal contamination

2025 Toxic baby Food Lawsuit Updates

  • May 1, 2025 Update: In the latest docket report, the JPML indicates there are now 156 baby food heavy metal claims filed in the MDL, marking nearly 3 fold increase in the number of claims filed since late 2024.
  • April 8, 2025 Update: U.S. District Judge Jacqueline Scott Corley has cleared the bulk of the toxic baby food lawsuits to move forward, rejecting a motion to dismiss the litigation entirely. While references to aluminum and infant formula were struck from the Master Complaint, claims involving autism and ADHD allegedly caused by toxic metals in baby food remain intact. Expert discovery will begin this month, with a general causation hearing scheduled for December 8, 2025, to determine whether plaintiffs’ scientific evidence can be presented to juries.
  • March 5, 2025 Update: In a pretrial order issued on March 4, the court scheduled a briefing to resolve disputes over short form complaints, with filings due between March 7 and March 21, and a hearing set for March 27. Plaintiffs must finalize a vendor for electronic submission of Plaintiff Fact Sheets by March 6, with a proposed submission procedure to be discussed at the next case management conference. The court denied plaintiffs’ request to depose corporate employees as experts on heavy metals, stating that expert discovery is the appropriate stage for such inquiries. Plaintiffs, however, are allowed to subpoena Walmart’s co-manufacturers for pre-2017 product and ingredient formulas. Additionally, the court denied a request to delay the general causation phase but left open the possibility of reconsideration if new circumstances arise.
  • January 1, 2025 Update: The toxic baby food lawsuits are set to gain momentum in 2025, with Judge Corley expected to issue a Pretrial Order soon, establishing key deadlines for the litigation. The next case management conference is scheduled for January 23, 2025, and the parties have been instructed to submit an updated statement two days prior. If general causation issues are resolved and plaintiffs present sufficient evidence linking toxic metals in baby food to autism or ADHD, the Court is likely to schedule a series of bellwether trials later this year to test how juries respond to the evidence and shape the direction of the broader MDL.
  • November 1, 2024 Update: According to a newly released JPML docket report, a total of 52 toxic baby food lawsuits are currently pending in the litigation.
  • October 14, 2024 Update: On October 11, 2024, Plaintiffs filed a statement with the United States District Court for the Northern District of California, detailing their efforts to preserve evidence for the Baby Food Products Liability Litigation. This statement, submitted in response to Pretrial Order No. 8, outlined the various types of evidence being safeguarded, including medical records, receipts, and communications related to the baby food products and the defendants. The counsel for the plaintiffs issued preservation notices to all parties involved, emphasizing the importance of not only maintaining these documents but also preventing any automatic deletions, to ensure that all potentially relevant information is available for the ongoing litigation.
  • July 17, 2024 Update: Plaintiffs filed a proposed Toxic Baby Food Master Complaint form on July 15, outlining the allegations that can be adopted by individual plaintiffs, explaining the underlying basis for the claims and how the toxic metals in baby food caused autism and ADHD in children of families pursuing financial compensation.
  • June 20, 2024 Update: Parties involved in the federal toxic baby food lawsuits over autism and ADHD side effects have asked the U.S. District Judge presiding over the litigation to approve a baby food lawsuit direct filing process for families to file new complaints against the manufacturers of products contaminated with heavy metals. If approved, plaintiff’s will be able to file baby food autism and ADHD claims directly with the MDL court, rather than filing in their local district and transferring the claims.
  • May 20, 2024 Update: Judge Corley has confirmed the appointment of 19 lawyers to lead roles in the baby food injury litigation. This group includes two co-lead counsel, a plaintiffs’ liaison counsel, and 16 members on the Plaintiffs’ Steering Committee. These leaders will handle key tasks such as coordinating updates, arguing pretrial motions, and overseeing discovery and depositions related to common issues.
  • May 16, 2024 Update: At the initial baby food MDL status conference held today, Judge Corley addressed preliminary pretrial issues and asked attorneys to suggest ways to streamline and justly handle the litigation. The judge is currently considering candidates for pivotal roles like plaintiffs’ lead counsel and the Plaintiffs’ Steering Committee, with many lawyers applying for these positions. Additionally, plaintiffs called for the Court to make it a goal of holding the first baby food bellwether trials by mid-2025, indicating that they should be able to complete discovery within 18 months, much of which has already begun in several older cases.
  • May 1, 2024 Update: There are currently 25 toxic baby food lawsuits pending in the recently established Baby Food Products Liability Litigation (MDL 3101), and lawyers expect the number of claims to rise significantly throughout the remainder of 2024.
  • April 11, 2024 Update: The JPML issued a transfer order (PDF) on April 11, indicating all baby food toxic metal injury lawsuits will be consolidated for discovery and pretrial proceedings in the U.S. District Court for the Northern District of California under District Judge Jacqueline Scott Corley.
  • January 4, 2024 Update: An increase in toxic baby food lawsuits across various U.S. District Courts has prompted a group of plaintiffs to submit a transfer motion (PDF) to the U.S. Judicial Panel on Multidistrict Litigation (JPML), asking for the claims to be consolidated under one judge to streamline the discovery process and pretrial activities.

Toxic Baby Food Multidistrict Litigation: MDL 3101

A steadily growing number of toxic baby food heavy metals lawsuits have been filed by families of children diagnosed with autism or ADHD, each raising similar allegations that manufacturers played on the parents’ trust that products would be safe, concealing the levels of toxic elements present for years.

With at least 11 baby food lawsuits pending throughout the federal court system as of January 2024, a group of plaintiffs filed a motion to transfer with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on January 4, 2024, requesting that the claims be transferred before one judge for coordinated discovery and pretrial proceedings.

After hearing oral arguments in late March, the Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order on April 11, establishing the Baby Food Marketing, Sales Practices And Products Liability Litigation MDL 3101.

This order consolidates all baby food lawsuits related to injuries from toxic metals for discovery and pretrial proceedings. The cases will be handled in the U.S. District Court for the Northern District of California, and will be overseen by District Judge Jacqueline Scott Corley.

As additional claims are filed throughout 2024 and 2025, it is expected that Judge Corley will establish a “bellwether” strategy, where the parties will select a small group of representative cases to serve as early test trials, which typically help the parties gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout the litigation.


Baby Food Problems and Side Effects

In February 2021, a House Oversight Committee report (PDF) revealed that many leading baby food products sold in recent years contain high amounts of toxic heavy metals, including inorganic arsenic, lead, cadmium and mercury, which may increase the risk of childhood development problems, such as autism spectrum disorders and severe ADHD (attention deficit and hyperactivity disorder).

In September 2021, a follow up report (PDF) released by the same Congressional subcommittee outlined more evidence about the problems with arsenic, lead, cadmium and mercury metals in toxic baby food, as lawmakers and consumer advocates call for new limits to be put in place and to require manufacturers to warn parents about the risks.

Despite the calls to action, a January 2023 investigative report published by Bloomberg Law confirmed toxic metals were still heavily present in many popular baby food products, indicating manufacturers failed to take corrective action after the contamination risks were known.

Currently, the FDA does not set allowable limits on the presence of toxic heavy metals in baby food products. However, when compared to limits in bottled water and drinking water, most of the leading brands of baby food products may exceed those limits, sometimes by hundreds of times the recommended amounts.

These heavy metals are known to be toxic and could potentially cause developmental disorders when consistently fed to infants, who are the most vulnerable to their metal poisoning side effects.

In January 2023, the FDA proposed new action levels for lead in baby food products, as part of its Close to Zero program, which seeks to eliminate toxic heavy metals from baby food,

Reports Finding Toxic Metal In Baby Food

A number of reports and studies have warned about the high amounts of these toxic metal in baby food products sold nationwide. This includes a secret slideshow presentation sent to the FDA by someone within Hain, which revealed the company knowingly was low-balling the amount of arsenic, lead, cadmium and mercury in its products, and revealed the company was only testing ingredients and not finished products.

2021 Congressional Subcommittee Findings

In February 2021, a report by staffers in the U.S. House of Representatives confirmed that leading brands of baby food products are tainted with sometimes extremely high levels of toxic metals, which can cause permanent IQ decreases and an increased risk of criminal activity and antisocial behavior in children doe to their effects on brain function.

The report warned that even with the findings, only four of the seven leading manufacturers complied with Congress’s request for data, and raised concerns that baby food products made by those who didn’t participate, including Walmart, Sprout and Campbell’s, may contain even higher levels of the toxic heavy metals.

Among those who did reply, the findings alarmed lawmakers. For example, Beech-Nut used ingredients which contained as high as 913.4 parts per billion (ppb) of arsenic in some of their products. The maximum allowable amount of arsenic in bottled water is 10 ppb. It also used ingredients containing 887 ppb of lead, which also has a 5 ppb limit in bottled water. The company’s internal standards allowed the highest levels of arsenic, cadmium and lead of any company tested.

2023 Toxic Baby Food Report

On January 5, 2023, Bloomberg Law released the results of an investigative report which tested 33 popular baby food products for several heavy metals known to increase autism and ADHD risks in infant and children.

Bloomberg researchers purchased 33 baby food products in July 2022, and had an accredited laboratory test the products for levels of organic arsenic, inorganic arsenic, cadmium, and lead. The report found all 33 baby food products tested positive for at least one toxic heavy metal, while 32 of the 33 contained at least two of the toxic heavy metals. 

Some of the baby food that tested positive for multiple heavy metal contaminates included;

Plum Organics Superpuffs – Blueberry with Purple Sweet Potato
  • 90 ppb inorganic Arsenic
  • 90 ppb cadmium
  • 90 ppb lead
Gerber Grain and Grow Banana Puffs
  • 60 ppb inorganic arsenic
  • 90 ppb cadmium
Walmart (Parent’s Choice) Organic Strawberry Rice Rusks
  • 30 ppb inorganic Arsenic
  • 50 ppb lead
Happy Baby Organics Sweet Potato & Carrot Puffs
  • 58 ppb inorganic Arsenic
  • 11 ppb cadmium
  • 11 ppb lead

Which manufacturers sold toxic baby food?

The reports have found toxic heavy metals including arsenic, lead, cadmium, mercury in baby food sold under the following brand names;

  • Gerber
  • Beach Nut
  • Nurture (Happy Family Organics and HappyBABY)
  • Earth’s Best Organic (Hain Celestial)
  • Plum Organics (Campbell Soup)
  • Walmart Parent’s Choice
  • Sprout Foods and Sprout Organic Food
  • Little Spoon
  • Yumi Organic Baby Food

Despite years of evidence about the problems, it appears that leading manufacturers continued to use ingredients that sometimes contain hundreds or even thousands of times the recommended amounts of arsenic, cadmium, lead and mercury that are allowed in bottled water.

In addition, they often fail to test finished products and knowingly underestimate the levels of these heavy metals that are present in their baby food products.

Baby Food Settlements for Autism and ADHD

As a result of the failure to thoroughly test, limit and report the levels of arsenic, lead, cadmium and mercury in baby food products, financial compensation may be available to parents who fed these products to their children through a baby food lawsuit.

Financial compensation may also be available for parents of children who consumed one of the brands for at least a year and developed autism or ADHD and were diagnosed between the ages of 2 and 14.

If information about the levels of toxic heavy metal had been provided, and the potential health risks, many parents would have likely chosen another baby food to feed to their vulnerable infants, which may have avoided numerous developmental disorders.

Baby Food Autism and ADHD Lawsuits

Was your child diagnosed with problems after being fed toxic baby food? Settlement benefits may be available.


27 Comments


Martina
My son fed these foods often as they were convenient and seemed “healthy”. He was a lively aware baby who became more and more autistic/ADHD as time went on. Now 35, lots of problems for the past 20 years.

Kathy
Son born in 1978. And ate beechnut and Gerber baby foods only. He developed OCD at an early age and later diagnosed with schizophrenia which are both considered neorological conditions. Lives at home with me as caretaker. Applied for mental disability but was denied. I’m at my wits end

Theresa
I have a daughter who was born in 1995 has ADHD and ate Gerbers baby food. She still struggles today with it. She was around 7 or 8 when diagnosed.

Dianna
I have four children that have autism and or severe ADHD.

Cathy
My son ate Gerber and beechnut and was diagnosed with severe ADHD around age 5 to 7. He was put on medication after a few years of schooling where they could not contain him. They said he was to disrupting to the class and couldn’t focus or sit still. He was going to be kicked out of kindergarten due to severe ADHD. He and I went through hell all his life. He is 38 now and still has problems. He can’t focus, not hold a job. Good job baby food companies.

Sherry
I have two children one born in 1981 1985 they both ate Gerber and Beechnut baby food they were diagnosed with ADHD at around age of 8 and 11. Still have problems till today with ADHD.

Jason
Me & my son have consumed Gerber and other brands & cereal my son was diagnosed at a young age which affected preschool and schooling and he 19 now I’m 45 and can’t keep a job and go thought a lot of problem I shouldn’t be going though so I say things alot 2 these company’s 4 that it sucks so bad we both still suffering mental issue due 2 this.

Dana
I am 36 I got kicked out of 3 preschools and then taking at 3 for testing I had several chemical imbalances and they put me on ritilan age 4 I had to see Dr’s weekly couldn’t go to school unless medicated and I had to be under shrinks care for all that duration up till I was 16 or so I ate baby food all the time cause my stomach was messed up from pills I had to take for my adhd and then mood stabilizers and anxiety and I ate the stuff even as an adult at times

Amanda
My son was born in 2006. He consumed Gerber and Parent’s Choice baby food/ cereal as an infant and toddler. By 2nd grade he was diagnosed with ADHD and continues to take medication at the age of 16 for ADHD.

Pam
My grandson is going to be 20 next year and he has been given baby food at Walmart and Beechnut and Walmart’s brand all his baby life and now he still lives at home and he has ADHD because he won’t go anywhere and he doesn’t have any friends and he tried to get a job but he couldn’t do it because of his depression and problems! I’m sure he needs help and probably because of the food he was given! I just think these companies need to take responsibility for what they done

Jessica
My child took gerber as a child which he got diagnosed having adhd at the age of 5 i am not understand this but every post i readed there children got diagnosed with adhd at the age of 5 due to gerber its not rigth for mothers or the child to suffer because these kids couldn’t having a normal life due to this

Jennifer
Both my son’s were diagnosed with ADHD at a very young age. I fed both Gerber baby food. My 34 year old was diagnosed at 5 years old and so was my 27 year old who has it really bad even now and the doctor has added sever social anxiety and depression problems.

Andrea
My son Patrick is 39 yrs old. He ate Gerber and beechnut babyfood with teething biscuits and rice cereal by Gerber also. He was diagnosed with adhd at age 4 or 5. We tried diet first then we tried ritilan by his doctor. Worked for awhile we were told he would outgrow adhd. Nope he still has it

Ginny
I wasn’t able to breast feed past 2 mos. my two older have adhd born 1985 & 6, my youngest died w leukemia at 7 (1993). Two of my nephews adhd and asbergers and my grandson and cousins kid .. what gives man??! I knew there had to be something going on .. baby food, we’ll that explains a lot .. Arsenic, really?!!

Jen
well i was adopted so i definitely wasnt breast fed. Diagnosed ADHD at 15… but had it my whole life and still suffer at 45. It’s a problem, mostly for concentration and sitting still.

Michael
My son was diagnosed with severe ADHD It affects him severely in his everyday life now. Thanks a lot Gerber.

Kathryn
My child iss 22 and has added really bad I fed all my children gerber food

Isabella
I was born 1995 and was diagnosed at age 7 for adhd and then at 16 diagnosed with bpd with adhd. I ate Gerber baby food for years. Adhd and Bpd has made my life difficult. Thanks Gerber

Hillary
My brother’s grandson has severe ADHD and it could from the 👶 food he was fed as a child he can’t stay still for any length of time, please contact me at 832 244 0305 and not email for maximum communication

Jaimie
I have 7 kids who all ate these foods and who’s food was subsidized in part by WIC

April
My son was diagnosed with ADHD at the age of five

Liza
My son was born in 2012 he’s been extremely hyper for years he was finally diagnosed this year with adhd. He grew up on Gerber everything and beech nut as well.

Mary
My son has ADHD, he was born in 1984 and was diagnosed at age 5. He ate both Beechnut, Gerber food teething biscuits, cereal and juice.

Deborah
I also have a son who was born in 1987 and was diagnosed around age 3 with autism. He ate both Gerber and beechnut baby food along with rice cereal and the teething biscuits. He will never be able to live independently, and I have cared for him all his life. I am 69 now and absolutely terrified of what will happen to him when I am no longer here.

Daisy
My son is name Jonathan Sanchez And at the age 7 he was in 2 second grade was diagnosed with adhd and did have an iep in school all through senior year high school

jacki
my son has adhd he was born in 1981 and was diagnosed with it when he was 6 years old and ate these brands of baby food gerber, beechnut

Christina
Scary!

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