LATEST GERBER LAWSUIT UPDATE – JULY 2024
- Brief Summary: The baby food lawyers at Wisner Baum are in active litigation against Gerber. Lawsuits are pending in the federal Baby Food Products Liability multidistrict litigation (MDL 3101) and in California state court.
Plaintiffs allege Gerber and other baby food manufacturers knowingly sold products with significant levels of arsenic, lead, and mercury. These toxic metals can cause autism and/or ADHD in children.
R. Brent Wisner, managing partner at Wisner Baum, is co-lead trial counsel in the toxic baby food MDL, where Gerber is one of several baby food company defendants named in lawsuits. Wisner and his firm will take Gerber and other baby food companies to trial in January 2025. The trial, which will be held in California state court, is not part of the federal toxic baby food MDL. - What We Are Saying: “We have this trial in January and these defendants in this case are facing a true existential threat. Gerber has been around for 100 years or something, a very long time. The Gerber baby is the face we associate with wholesome goodness for babies. By the time I'm done with this case, the legacy of Gerber will be that they have been poisoning babies for decades. That's going to be their legacy. Their core business is selling food and they will not be able to sell it anywhere because the world will know the truth.” – Wisner Baum Managing Partner R. Brent Wisner
- What You Can Do: Parents may choose to pursue a baby food lawsuit against Gerber, alleging the company knowingly sold baby foods with dangerously high levels of arsenic, lead, cadmium, and mercury. If your child developed autism or ADHD after consuming baby foods from Gerber, you may be eligible to join a Gerber lawsuit.
Information on Gerber Lawsuits – 2024 Update
What Is The Gerber Lawsuit About?
The video below with Wisner Baum baby food lawyer R. Brent Wisner provides insight into the allegations in the lawsuits against Gerber and other baby food companies. In this interview from June 2024, Wisner discusses:
- The “conscious disregard” Gerber and other baby food companies have for consumers.
- Internal company testing results. “They knew…certain types of products had really high levels of metals.”
- Liability in these cases. “We have them dead to rights on liability. When a jury hears this…it’s going to be a reckoning.”
- The lack of transparency from the baby food industry combined with the lack of government oversight. The industry “isn’t responsible because the FDA is responsible, but the FDA doesn't know about [the heavy metals issue] or doing anything. So therefore they're not responsible. It's just a circle of irresponsibility.”
Does Gerber Baby Food Still Have Metals?
Yes, according to an independent analysis from Consumer Reports. Gerber Turkey & Rice was found to contain “concerning levels of lead.” Consumer Reports sent its testing results to Gerber, which conducted its own testing on the same product. Gerber’s testing produced similar results. In a reply to Consumer Reports, the company said it was “reviewing our protocols for further improvement.”
Consumer Reports Classifies the Following Gerber Products as Concerning:
- Gerber Lil' Meals White Turkey Stew With Rice & Vegetables (Limit to Less Than ½ Serving Daily)
- Gerber Chicken & Rice (Limit to Less Than 1 Serving Daily)
- Gerber Turkey & Rice (Limit to Less Than 1 Serving Daily)
- Gerber Carrot, Pear & Blackberry (Limit to Less Than 1 Serving Daily)
- Gerber Carrots Peas & Corn With Lil' Bits (Limit to Less Than 1 Serving Daily)
- Gerber Graduates Cereal Bars, Strawberry Banana (Limit to Less Than 1.5 Servings Daily)
- Gerber Graduates Lil' Biscuits Vanilla Wheat (Limit to Less Than 2.5 Servings Daily)
- Gerber Organic Oatmeal Cereal (Limit to Less Than 2.5 Servings Daily)
- Gerber Oatmeal Single Grain Cereal (Limit to Less Than 2.5 Servings Daily)
- Gerber Graduates Waffle Wheels Puffed Grain Snack, Banana Cream (Limit to Less Than 3 Servings Daily)
- Gerber Graduates Banana Cookies (Limit to Less Than 4 Servings Daily)
- Gerber Graduates Cinnamon Graham Animal Crackers (Limit to Less Than 4.5 Servings Daily)
- Gerber Graduates Arrowroot Cookies (Limit to Less Than 6 Servings Daily)
Is Gerber Baby Food Safe?
No. Gerber food products have high levels of toxic heavy metals.
The Gerber lawsuits began after a U.S. House Oversight subcommittee issued a report that found tremendous amounts of toxic heavy metals in baby food products from several major brands, including Gerber. The report stated that Gerber and other manufacturers "knowingly" sold baby food products like purees, cereal, and rice puffs that contain dangerous amounts of arsenic, lead, cadmium, and mercury. Numerous studies have found links between these toxic heavy metals and neurodevelopmental disorders in children, including autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD).
The report found the following:
Arsenic: Gerber used 67 batches of rice flour with over 90 parts per billion (ppb) of inorganic arsenic.
Lead: Gerber used ingredients in its baby food products that contained up to 48 ppb of lead. Many of Gerber’s ingredients tested over 20 ppb lead. The average amount of lead in Gerber juice concentrates was 11.2 ppb.
Cadmium: 3 out of 4 Gerber carrots tested for cadmium at levels above 5 ppb. Some contained more than 87 ppb of cadmium.
Mercury: Like many of the other baby food manufacturers mentioned in the subcommittee report, Gerber rarely tests its baby foods for mercury.
The same government subcommittee issued a follow-up report in September of 2021 that specifically called out Gerber for failing to properly test its products and issue a baby food recall. According to the September report, Gerber food products tested at above-average amounts of inorganic arsenic compared to Beech-Nut, another major baby food brand. But while Beech-Nut issued a recall on some of its products, the subcommittee said Gerber took "no such actions to protect consumers."
Are Heavy Metals in Gerber Organic Baby Food?
Yes. Gerber organic baby food products also tested high for toxic metals. Per the government subcommittee report, Gerber’s Organic Rice Cereal tested up to 76 ppb inorganic arsenic and contained, on average, 65.6 ppb inorganic arsenic. Gerber charges consumers 36.4% more for its Organic Rice Cereal than for its standard product, even though the levels of arsenic present in both are substantial.
Why Are Heavy Metals Bad for Babies?
Heavy metals are dangerous for young children because they consume more food in relation to their body weight and absorb heavy metals more readily than adults. Linda McCauley studies environmental health effects as Dean of the Nell Hodgson Woodruff School of Nursing at Emory University. According to McCauley, “[n]o level of exposure to these metals has been shown to be safe in vulnerable infants.” McCauley adds that exposure to several sources of heavy metals can cause cumulative effects that are particularly dangerous for babies.
Keep in mind that it is not just the presence of heavy metals in baby food that is harmful to babies and young children—it is the staggering levels present in the ingredients and foods.
- The U.S. Food and Drug Administration (FDA) allows a maximum level of 10 ppb arsenic in bottled water. Gerber baby food ingredients tested at over 90 ppb arsenic.
- The FDA allows a maximum level of 5 ppb lead in bottled water. Gerber baby food ingredients tested up to 48 ppb lead.
- The FDA allows a maximum level of 5 ppb cadmium in bottled water. Gerber baby food ingredients tested up to 87 ppb cadmium.
- The U.S. Environmental Protection Agency (EPA) allows a maximum of 2 ppb of mercury in drinking water. Gerber rarely tests its products for mercury.
The FDA and U.S. Centers for Disease Control and Prevention (CDC) have said that babies and young children who are exposed to heavy metals may suffer from a permanent decrease in IQ, an increased risk of future criminal and antisocial behavior, and untreatable, potentially permanent brain damage.
For more information on the dangers of toxic metals, please read our expert reports:
Which Gerber Baby Foods Have Heavy Metals?
Two government reports and testing from consumer advocacy organizations have found heavy metals in the following Gerber baby food products and ingredients:
- Arrowroot Biscuits
- Barley Single Grain Cereal
- Carrot Sitter 2nd Food
- Carrot Supported Sitter 1st Goods
- Conventional Carrots
- Conventional Sweet Potatoes
- Diced Carrots Veggie Pickups
- Flour Rice Long Grain
- Fruit & Veggie Melts Truly Tropical Blend Free
- Grape Juice White
- Multigrain Cereal
- Oatmeal Single Grain Cereal
- Organic Rice Cereal
- Organic Sweet Potatoes
- Probiotic Rice Banana Apple Cereal
- Rice Single Grain Cereal
- Sweet Potato Sitter 2nd Foods
- Sweet Potato Supported Sitter 1st Foods Tub
- Whole Wheat Whole Grain Cereal
You can read more about Gerber baby foods to avoid in our blog.
Is There a Gerber Baby Food Recall?
Gerber has failed to issue a baby food recall over heavy metals in food. The failure to recall its products is particularly concerning because the government baby food report issued in September of 2021 said Gerber “should recall two infant rice cereal product codes and consider discontinuing sales of its rice cereal.”
Per the report, Alaska state health officials tested products from both Beech-Nut (another major baby food company) and Gerber for heavy metals. The results of the testing were nearly identical: Gerber food products averaged 87.43 ppb inorganic arsenic, which was 2 ppb higher than Beech-Nut’s 85.47 ppb. Two Gerber products tested above 100 ppb for inorganic arsenic, which is above the FDA’s current limit for inorganic arsenic in infant cereal.
In response to the testing, Beech-Nut announced that it was recalling some of its infant rice cereal products and leaving the infant rice cereal market altogether. Even though Gerber products presented at least as much danger to babies as Beech-Nut products, Gerber “has taken no action to protect babies that could be harmed by its products,” the report stated. The subcommittee added that there “is no excuse for Gerber’s delay in recalling its dangerous products.”
Which Gerber Products Were Recalled?
In 2023, the FDA issued a recall alert for Gerber Good Start Infant Formula due to the potential presence of Cronobacter sakazakii, which is a bacteria commonly found in the environment. Cronobacter sakazakii may be harmful for premature infants, infants under two months of age, or infants with weakened immune systems, causing fever, poor feeding, excessive crying, or low energy as well as other serious symptoms.
Some infant formula batches named in the Gerber recall were distributed to several states, including Virginia, Alabama, Georgia, Tennessee, Kentucky, West Virginia, Ohio, and Indiana. The affected products are listed below:
Gerber Good Start Infant Formula SootheProTM 12.4 oz:
300357651Z – USE BY 04JUL2024
300457651Z – USE BY 05JUL2024
300557651Z – USE BY 06JUL2024
300557652Z – USE BY 06JUL2024
300757651Z – USE BY 08JUL2024
300857651Z – USE BY 09JUL2024
301057651Z – USE BY 11JUL2024
301057652Z – USE BY 11JUL2024
301157651Z – USE BY 12JUL2024
The Gerber recall on infant formula was not related to toxic heavy metals.
Is There a Gerber Class Action Lawsuit?
After the government subcommittee reported on heavy metals in baby food, attorneys filed class action lawsuits against Gerber and other companies, alleging the defendants misbranded baby foods by including content claims on product labels that were “strictly prohibited” by the FDA.
One Gerber class action alleged the company’s “deceptive and unlawful practices in labeling and marketing the Gerber brand baby and toddler food products” misled parents into believing that certain Gerber foods provide health benefits for children when the products are actually “harmful both nutritionally and developmentally” for this age demographic.
The products listed in the Gerber class action lawsuit included:
- Lil’ Crunchies
- Lil’ Snacks
- Meal Time for Toddler
- Natural for Baby Pouches
- Natural for Toddler Pouches
- Organic for Baby Pouches
- Organic for Toddler Plant-Tastic Pouches
- Organic for Toddler Pouches
- Snacks for Baby – Wonder Foods
- Snacks for Toddler – Grow Strong
In 2022, however, U.S. District Court Judge Michael S. Nachmanoff rejected the plaintiffs’ claims and granted Gerber’s motion to dismiss. Of note, the Court dismissed the case “without prejudice,” which allows the plaintiffs the opportunity to file an amended complaint in the future.
It is important to note that the Gerber class action is different than lawsuits alleging heavy metals in baby foods caused children to develop autism and ADHD. The class action sought injunctive relief and monetary damages for Gerber’s alleged material omissions concerning heavy metals. Plaintiffs with ongoing personal injury lawsuits against Gerber seek damages for health care bills associated with autism and/or ADHD diagnosis, lost wages, and more.
Wisner Baum is not involved in the Gerber class action litigation. Our baby food lawyers represent over 3,000 children in lawsuits against Gerber and other companies. Our cases are for parents with children who were diagnosed with autism and ADHD after consuming certain baby foods. These autism and ADHD cases are ongoing in a federal toxic baby food MDL in California state court.
Do I Qualify for a Lawsuit Against Gerber?
Parents may qualify for a lawsuit against Gerber and/or other baby food companies if their children consume substantial quantities of certain Gerber products and later develop autism spectrum disorder (ASD) and/or attention-deficit/hyperactivity disorder (ADHD). To join a Gerber lawsuit, you first need to contact a baby food lawyer taking on these cases and see if you qualify.
At Wisner Baum, we make it easy for parents to determine if they qualify for a Gerber lawsuit by completing a case evaluation form. Once we receive your case evaluation form, our legal team reviews it and responds to any questions you may have about filing a case.
How Much is My Gerber Lawsuit Worth?
Here is a general guide to how compensation might work in these cases.
A lawsuit seeks financial compensation called damages. Damages in a lawsuit against Gerber and/or other baby food companies are calculated based on, among other things, health care bills (money already spent and future costs of care), loss of earnings if a parent had to stop working to take care of their child, and the injury, pain and suffering caused to the child and family. There is also the possibility for punitive damages against Gerber and other companies. Punitive damages are exemplary damages awarded at the court's discretion when a defendant’s actions are particularly harmful.
Parents with children who have been diagnosed with autism or ADHD know that health care services for their children are often expensive and sometimes are not covered by insurance. Speech therapy, occupational therapy, and other services are necessary for children with these diagnoses. In many cases, therapies are needed for years.
A lawsuit seeks to compensate parents for these and other expenses because they never would have purchased Gerber baby foods (or foods from other companies) if Gerber had disclosed the dangers of toxic heavy metals on its food labels.
How Do I Choose the Best Baby Food Lawyer for My Gerber Lawsuit?
When choosing a lawyer for a case like this, there are a few things to consider. First, you want to ensure your lawyer has the experience and resources to win your case. Second, your lawyer should be committed to sending a strong message to baby food manufacturers: failure to protect the health of young children comes with consequences.
The baby food lawyers at Wisner Baum were among the first in the country to investigate this serious public health issue and pursue justice for parents. We represent over 3,000 children nationwide in this litigation. Wisner Baum’s managing partner, R. Brent Wisner, serves as co-lead trial counsel in the baby food MDL and oversees the Plaintiffs’ Steering Committee (PSC). Wisner Baum partner Monique Alarcon was appointed Plaintiffs’ Liaison Counsel and partner Pedram Esfandiary was appointed a member of the PSC.
We are leaders in the baby food litigation backed by a proven track record in mass tort cases. Our firm and co-counsel won a $2.055 billion jury verdict in another case involving a defective consumer product. This historic verdict helped pave the way for settlement agreements worth nearly $11 billion for thousands of people with similar claims.
Put simply, we know what it takes to go up against corporate giants and win.
Give us a call today at 855-948-5098if you have any questions about qualifying for a Gerber baby food lawsuit.
