LATEST HAPPY BABY LAWSUIT LAWSUIT UPDATE – JULY 2024
Brief Summary: Nurture, Inc. is a baby food company that makes products under the brand names Happy Family Organics, Happy Baby, and Happy Tots. Lawsuits in federal court against Nurture alleging autism and/or ADHD due to toxic heavy metals in Happy Baby products are ongoing. Dozens of cases have been consolidated in a multidistrict litigation (MDL) in the Northern District of California. Wisner Baum’s managing partner, R. Brent Wisner, is co-lead trial counsel in the toxic baby food multidistrict litigation (MDL), where Nurture is one of several baby food company defendants named in lawsuits. In January 2025, Wisner and his firm will take Nurture and other baby food companies to trial in California state court.
What We Are Saying: “Nurture and other baby food companies have tested their products for heavy metals for decades. The testing showed that certain types of baby foods had high levels of toxic metals. They knew the vitamin additives they put in their products had dangerously high lead levels. They knew this. They studied it. Internally, their emails show that they were joking about it. The level of disregard these companies have is disgusting, and we look forward to taking these cases to trial.” – Wisner Baum Managing Partner R. Brent Wisner
What You Can Do: If your child ate Nurture baby foods, including HappyBABY, Happy Tots, and Happy Family Organics, and later developed autism spectrum disorder (ASD) or attention-deficit/hyperactivity disorder (ADHD) you may qualify for a Happy Baby lawsuit alleging Nurture knowingly sold baby foods with dangerously high levels of arsenic, lead, and mercury.
Information on Nurture Happy Baby Lawsuits – 2024 Update
What is the Happy Baby Lawsuit About?
Who Makes Happy Baby Food Products?
Does Happy Baby Have Metal in it?
Is Happy Baby Food Safe?
Which Nurture Baby Foods Have Heavy Metals?
What About Happy Baby Organic Baby Foods?
Baby Foods Toxic Heavy Metals Exposure
Is There a Happy Baby Food Recall?
Is There a Happy Baby Organic Formula Recall?
Is There a Happy Baby Class Action?
Do I Qualify for a Happy Baby Food Lawsuit?
What is the Payout for Happy Baby Lawsuit Against Nurture?
How Do I Find the Best Baby Food Lawyer for My Case?
WHAT IS THE HAPPY BABY LAWSUIT ABOUT?
Wisner Baum baby food lawyer R. Brent Wisner recently gave an interview discussing the allegations in lawsuits against Nurture (the manufacturer of HappyBaby) and other major baby food manufacturers. In the video below, Wisner talks about the recklessness alleged in the baby food lawsuits, including evidence already uncovered in the litigation showing companies disregarded their own internal testing that found high levels of toxic metals like arsenic, lead and mercury in their products.
- Regarding liability in baby food lawsuits, Wisner says, “[w]e have them dead to rights on liability. When a jury hears this…it’s going to be a reckoning.”
- Regarding the FDA’s inability to protect children from heavy metals in baby food, Wisner says the baby food 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.”
- Regarding the industry, Wisner says, “[t]he thing that drives me crazy, is that it's fixable, right? You don't have to use these products that have metals in them. There are plenty of products that don't have metals in them and plenty of ingredients that don't have them…it just requires some diligence.”
WHO MAKES HAPPY BABY FOOD PRODUCTS?
Nurture, Inc. is a New York-based company that owns Happy Family Brands (includes Happy Family Organics, Happy Baby, and Happy Tot). Nurture sells baby foods, including pouches, jars, and baby formula, under the brand name Happy Baby. Nurture classifies its Happy Baby range of products according to three categories: “baby”, “tot”, and “mama”. The “baby” category is comprised of foods, including “starting solids”, intended for age groups 0-7+ months, the “tot” category covers 12+ months, and “mama” includes infant formulas for newborn babies.
Happy Family ranks third on the list of the top 10 best-selling baby food brands in the world.
According to Consumer Reports, Happy Baby products like Probiotic Baby Cereal and Superfood Puffs have concerning levels of toxic heavy metals. The non-profit organization ran independent testing on several Nurture products and baby foods from other brands. Ever product tested contained at least some level of either arsenic, lead, cadmium, or mercury.
Consumer Reports Classified the Following HappyBaby Products as Concerning:
- Happy Baby Organics Superfood Puffs, Apple & Broccoli (limit to less than 1 serving daily)
- Happy Baby Organics Superfood Puffs, Purple Carrot & Blueberry (limit to less than 1 serving daily)
- Happy Baby Organics Organic Probiotic Baby Cereal (limit to less than 3 servings daily)
Is Happy Baby Food Safe?
No. Certain Happy Baby food products contain high levels of toxic heavy metals, according to a government report.
The U.S. House Committee on Oversight and Reform’s Subcommittee on Economic and Consumer Policy released a shocking report titled ‘Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury.’ This report analyzed baby food testing data and found significant amounts of toxic heavy metals in Happy Baby food products.
According to the report, Nurture "knowingly" sold purees, pouches, cereal, jars, rice puffs, and other products that contain dangerous amounts of arsenic, lead, cadmium, and mercury. Numerous studies have reported statistically significant links between these toxic metals and neurodevelopmental disorders in children, including ASD and ADHD.
The report found the following:
Arsenic: Happy Baby foods and other products from Nurture contained as much as 180 ppb of inorganic arsenic. More than 1 in every 4 Nurture baby food products tested before sale contained inorganic arsenic at levels in excess of 100 ppb. A typical Nurture baby food product contained 60 ppb inorganic arsenic.
The U.S. Food and Drug Administration (FDA) allows a maximum level of 10 ppb arsenic in bottled water.
Lead: Nurture (Happy Baby) food products sold in stores tested as high as 641 ppb of lead. Roughly one in five finished baby food products that Nurture tested contained over 10 ppb of lead.
The FDA allows a maximum level of 5 ppb lead in bottled water.
Mercury: Nurture (Happy Baby) sold baby foods containing as much as 10 ppb mercury.
The U.S. Environmental Protection Agency (EPA) allows a maximum of 2 ppb of mercury in drinking water.
Based on government reports on toxic heavy metals in baby foods, parents should avoid the following products from Nurture (HappyBABY and Happy Family Organics):
- Apple & Broccoli Puffs
- Banana & Pumpkin Puffs
- Blueberry Beet Rice Cakes
- Kale & Spinach Puffs
- Multi-Grain Cereal
- Organic Baby Cereal, Clearly Crafted Whole Grains
- Organic Oats & Quinoa Baby Cereal Whole Grains with Iron
- Organic Rice Cakes Puffed Rice Snack
- Organic Simple Combos Apples, Spinach & Kale
- Pea Spinach Teether Biscuit
- Purple Carrot & Blueberry Puffs
- Strawberry & Beet Puffs
- Superfood Puffs - Sweet Potato & Carrot Organic Snack
- Superfoods Puffs - Apple & Broccoli Organic Snack
- Sweet Potato & Carrot Puffs
The product that tested highest for arsenic content in the government baby food report was the Happy Baby Apple & Broccoli Puffs, which contained up to 180 ppb arsenic, 18 times greater than the FDA’s maximum allowable limit for bottled water.
What About Happy Baby Organic Baby Foods?
In the summer of 2022, the non-profit consumer advocacy organization Healthy Babies Bright Futures (HBBF) issued a report after conducting product testing on Happy Baby, Gerber, Earth’s Best Organic, and many other baby food brands. Over a year after the government report on heavy metals in baby foods, HBBF found several products from Happy Baby that tested high for arsenic and lead and included them in this list:
- Puffs Organic Grain Snack Sweet Potato & Carrot (318 ppb)
- Teethers Organic Sweet Potatoes and Bananas (95 ppb)
- Teether Crackers Organic Strawberry & Beet (55.2 ppb arsenic, 13.4 ppb lead)
- Teether Crackers Organic Mango & Pumpkin (52.3 ppb)
- Teether Crackers Organic Blueberries and Purple Carrots (51.5 ppb)
Babies are particularly vulnerable to the effects of heavy metals exposure. Babies consume more food in relation to their body weight and absorb heavy metals more readily than adults. Linda McCauley, Dean of the Nell Hodgson Woodruff School of Nursing at Emory University, notes that “[n]o level of exposure to these metals has been shown to be safe in vulnerable infants.”
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.
The problem of heavy metals in baby foods is not just the mere presence of arsenic, lead, and mercury; it is the amount found in the ingredients and finished products. Reports have found staggering levels of toxic metals in Happy Baby, Happy Tot, and Happy Family Organics products. So if babies readily consume more heavy metals than adults and the levels of toxic metals in some Happy Baby baby foods greatly exceeds the amount allowed in drinking water, this is a serious health hazard.
Is There a Happy Baby Food Recall?
As of March 2023, there has not been a Happy Baby food recall over toxic metals.
Following the 2021 baby food report, only Parent’s Choice (Walmart) and Beech-Nut issued baby food recall announcements over toxic heavy metals. Despite testing that showed Happy Baby foods contained high levels of arsenic, lead, and mercury, the Nurture did not issue any baby food recalls over heavy metals.
Happy Baby food products have been recalled previously, however.
In November of 2020, Nurture issued a Happy Tot recall on gluten-free oat bars over customer complaints of mold.
These are the products named in the 2020 Happy Tot recall:
Happy Tot Super Foods Gluten-Free Oat Bars | Organic Blueberries and Oatmeal (UPC 8 19573 01507 2):
- BB 07 APR 2021 20098
- BB 08 APR 2021 20099
- BB 09 APR 2021 20100
- BB 18 MAY 2021 20139
- BB 19 MAY 2021 20140
- BB 16 JUN 2021 20168
- BB 28 AUG 2021 20241
Happy Tot Super Foods Gluten-Free Oat Bars | Organic Bananas, Strawberries, and Sunflower Butter (UPC 8 19573 01508 9):
- BB 13 APR 2021 20104
- BB 08 MAY 2021 20129
- BB 20 MAY 2021 20141
- BB 21 MAY 2021 20142
- BB 08 JUN 2021 20160
- BB 09 JUN 2021 20161
- BB 15 JUN 2021 20167
Happy Kid Gluten-Free Fruit & Oat Bar | Blueberry & Raspberry:
- BB 14 APR 2021 20105
- BB 05 MAY 2021 20126
- BB 11 MAY 2021 20132
- BB 01 JUN 2021 20153
- BB 08 JUN 2021 20190
- BB 13 JUL 2021 20195
- BB 04 AUG 2021 20217
In 2010, there was a Happy Baby food recall for Stages 1 and 2 pouches manufactured between November 2010 and January 2011:
- Mango Pouches (net wt. 3.5 oz.)
- Spinach Mango Pear Pouches (net wt. 3.5 oz.)
- Apricot Sweet Potato Pouches (net wt. 3.5 oz.)
As of March 2023, there has not been a Happy Baby Organic formula recall over toxic metals. In 2019, Healthy Babies Bright Futures (HBBF) issued a report that included heavy metals testing of Happy Baby Organic Formula. While the product was in compliance with government regulations, the presence of heavy metals in the Organic Infant Formula with Iron (0-12 months) product is still something parents should be aware of.
Is There a Happy Baby Class Action Lawsuit?
Nurture, the brand that manufacturers Happy Family Organics, Happy Baby, and Happy Tots, is one of several baby food companies facing both class action lawsuit claims and product liability claims. While both the baby food class action and product liability claims share some similarities, the allegations and legal remedies in each litigation are different.
The Happy Baby 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. The claimants in the Happy Baby class action 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.
The product liability lawsuits allege Nurture and other companies knowingly sell baby foods with dangerously high levels of arsenic, lead, and mercury. Exposure to these toxic heavy metals in Happy Baby foods have allegedly caused children to develop autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD). The plaintiffs in the product liability litigation are seeking damages to cover things like health care costs, lost wages, and other financial losses.
Do I Qualify for a Happy Baby Food Lawsuit Against Nurture?
Parents may be eligible to file a lawsuit against Nurture, the company that makes HappyBABY, HappyTOT, and Happy Family Organics products, if their child consumed substantial quantities of Nurture products and developed autism or ADHD.
To join the Happy Baby lawsuit, the first thing a potential claimant needs to do is contact an attorney to review the potential case. Most law firms filing baby food lawsuits offer free and confidential case evaluations.
At Wisner Baum, this is our process for determining whether you qualify for a Happy Baby lawsuit against Nurture:
- Call our office at (855) 948-5098 or fill out our contact form and one of our representatives will send you a case evaluation form to complete.
- Fill out the case evaluation form, which takes most people about 15 -20 minutes to complete.
- Once our firm receives your completed case evaluation, the legal team reviews your potential case. If you meet certain criteria, we will get in touch to let you know that you qualify for a baby food lawsuit. Before you decide whether or not to pursue the case, you can ask any questions you may have about filing a case. Remember, we are here to help.
What is My Happy Baby Lawsuit Worth?
We get asked this question a lot and for good reason – people want to know if pursuing a baby food lawsuit is worth it. Generally speaking, the value of a case is determined by your claims for damages. Damages in a Happy Baby lawsuit are calculated based on (among other things):
- The amount of money you have spent and will continue to spend on health care bills related to your child’s diagnosis or diagnoses.
- Your loss of earnings if you or your spouse stopped working to take care of your child.
- The injury, pain and suffering caused to the child and family.
- Punitive damages for Nurture’s alleged “reckless disregard for human life, oppression, and malice.” Punitive damages are exemplary damages awarded at the court's discretion when a defendant’s actions are particularly harmful. They can be worth several times more than the compensatory damages listed above.
Parents who have a child diagnosed with autism or ADHD already know that health care costs for services can be expensive. Many of our clients have had to pay out-of-pocket sums for occupational therapy, speech therapy, and other interventions for their child. These therapies are not always covered by health insurance policies, and in many cases, children require these therapies for many years.
Filing a Happy Baby lawsuit is a way for parents to pursue justice and compensation for these and other expenses. Our baby food lawsuits allege parents across the nation never would have purchased HappyBABY, HappyTOT, and Happy Family Organics baby foods if Nurture had been truthful about the presence of dangerously high levels of lead, mercury, and arsenic in baby foods.
How Do I Find the Best Baby Food Lawyer for My Case?
Finding the best lawyer to pursue justice and compensation on your behalf can be difficult. Nevertheless, this is an important decision that can affect the outcome of your case.
The first thing you should consider when researching attorneys for your case is to make sure they have the experience and resources needed to win a case of this magnitude. Remember, you are going up against one of the largest baby food manufacturers in the country. The companies named as defendants in the baby food litigation have formidable legal teams that will fight to defend them and limit their financial exposure. The lawyer you choose needs to be up to the task of taking on major corporations by showing a proven track record in similar litigations.
Wisner Baum has earned significant results in class actions and mass tort litigation alleging consumer harm. In 2019, our firm and co-counsel won a $2.055 billion jury verdict in a lawsuit against Monsanto that alleged a defective consumer product caused our clients to develop cancer. We also won a $289 million jury verdict in a similar case against Monsanto. While both jury verdicts were later reduced, the courtroom victories helped pave the way for settlement agreements worth nearly $11 billion.
Our record in mass tort litigation speaks for itself: we know what it takes to go up against big companies and win.
Something else you should consider when selecting the best attorney for your case is why they are involved in the litigation. Anyone who represents your interests should be committed to sending a strong message to Nurture and other baby food companies that failing to protect the health of young children should come with consequences. This case is not solely about earning maximum compensation, it is about using the law to improve food safety and prevent other children from suffering similar harm.
Our firm was one of the first in the country to investigate this serious public health issue and bring these allegations to court. As of 2024, we represent well over 3,000 children in lawsuits against Nurture and other baby food manufacturers. Our attorneys were selected to the plaintiffs’ leadership in the toxic baby food MDL in California, and we are preparing to take a case to trial in California state court in January of 2025.
If you would like to learn more about your legal rights, please give us a call today. We are here to answer any questions you may have.
