PLUM ORGANICS LAWSUIT | TOXIC HEAVY METALS

PLUM ORGANICS LAWSUIT UPDATE – AUGUST 2024

Brief Summary: Plum Organics makes pouches, puffs, jars, and other baby foods that can be found in most grocery stores. However, some Plum Organics products have tested high for toxic heavy metals like arsenic, lead, and mercury. Lawsuits allege Plum knowingly sells these products with dangerous amounts of heavy metals, which are linked to neurodevelopmental harm in children. Wisner Baum’s managing partner, R. Brent Wisner, is co-lead trial counsel in the toxic baby food multidistrict litigation (MDL), where federally filed lawsuits against Plum Organics are consolidated. In January 2025, Wisner and co-counsel will take Plum Organics and other baby food companies to trial in California state court.

What We Are Saying: “There's an epidemic of autism in our society. It's been it's been growing at a profound rate. And it's because these companies have been poisoning our babies with toxic metals and have been doing it knowingly for decades. –Wisner Baum Managing Partner R. Brent Wisner

What You Can Do: If your child developed autism spectrum disorder (ASD) or attention-deficit/hyperactivity disorder (ADHD) after consuming Plum Organics baby foods, you may qualify for a lawsuit alleging the company knowingly sold products with dangerously high levels of heavy metals. Fill out our case evaluation form on this page to see if you qualify.

INFORMATION ON PLUM ORGANICS LAWSUITS – 2024 UPDATE

Below is a list of Plum Organics baby food lines. For information on which products have heavy metals, please skip down to the section “Which Plum Baby Foods Have Heavy Metals”.

PLUM ORGANICS STAGE 1 BABY FOOD POUCHES

• Just Mangoes
• Just Peaches
• Just Prunes
• Just Pumpin with Ginger
• Just Sweet Potato

PLUM ORGANICS STAGE 2 BABY FOOD POUCHES

• Apple + Broccoli
• Apple + Carrot
• Apple, Blackberry, Coconut Cream + Oat
• Apple, Plum, Berry + Barley
• Apple, Raspberry, Spinach + Greek Yogurt
• Apple, Spinach + Avocado
• Banana + Pumpkin
• Banana, Zucchini + Amaranth
• Broccoli, Corn + Avocado With Oregano
• Butternut Squash, Pear, Carrot, Date + Ginger
• Carrot, Corn, Date + Cinnamon
• Cherry, Apple, Blueberry, Banana, Quinoa, Acai + Kale
• Guava, Pear + Pumpkin
• Mango, Sweet Potato, Apple + Millet
• Peach, Banana + Apricot
• Pear + Mango
• Pear, Blueberry, Avocado + Granola
• Pear, Purple Carrot + Blueberry
• Pear, Spinach + Pea
• Strawberry, Banana + Granola
• Sweet Potato, Apple + Corn
• Zucchini, Apple, Pineapple, White Bean, Quinoa + Coconut Cream With Curry Spice
• Zucchini, Pea + Kale With Thyme

PLUM ORGANICS BABY PUFFS

• Carrot & Broccoli Mighty Puffs
• Spinach & Pea Mighty Puffs
• Strawberry & Beet Mighty Puffs

PLUM ORGANICS TEETHING WAFERS

• Banana + Pumpkin Teething Wafers
• Blueberry Teething Wafers

PLUM ORGANICS TODDLER POUCHES

• Apple, Blackberry, Purple Carrot, Greek Yogurt + Oat
• Banana, Blueberry, Oat + Quinoa
• Banana, Blueberry, Sweet Potato, Carrot, Greek Yogurt + Millet
• Banana, Kiwi, Spinach, Greek Yogurt + Barley
• Banana, Peach, Pumpkin, Carrot, Greek Yogurt + Oat
• Banana, White Bean, Strawberry + Chia
• Black Bean, Cherry, Blackberry, Strawberry, Oat + Spinach
• Carrot, Pear, Pomegranate + Oat
• Cauliflower, Apple, Coconut, Date + Turmeric
• Cherry, Zucchini, Apple, Greek Yogurt + Oat
• Guava, Banana, Black Bean, Carrot + Oat
• Mango, Banana, White Bean + Chia
• Mango, Peach, Pea + Quinoa With Chamomile & Lavender

PLUM ORGANICS TODDLER JAMMY SAMMY

• Apple, Kale + Oatmeal
• Blueberry + Oatmeal
• Peanut Butter + Grape
• Peanut Butter + Strawberry

PLUM ORGANICS TODDLER BARS

• Almond Butter Mighty Snack Bar
• Apple + Cinnamon Bar
• Blueberry + Lemon Bar
• Blueberry Mighty Snack Bar
• Pumpkin + Banana Mighty Snack Bar
• Strawberry Might Snack Bar

PLUM ORGANICS TEENSY SNACKS

• Berry Teensy Snacks with Puffed Quinoa
• Mixed Berry Teensy Snacks
• Peach Teensy Snacks

The lawsuits against Plum Organics allege the company knowingly sells baby foods that contain dangerous amounts of arsenic, lead, and mercury. Research has shown that these toxic metals can cause neurodevelopmental harm in children, including autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD).

In a recent interview concerning the baby food lawsuits against Plum and several other baby food companies, Wisner Baum's managing partner and baby food attorney R. Brent Wisner discussed some of the harrowing allegations in the litigation. Attorneys have uncovered evidence showing baby food company defendants disregarded their own internal heavy metals testing that found high levels of arsenic, lead, and mercury in their products.

• When asked about heavy metals in baby foods, Wisner says, “These companies knew it—they were testing their products for metal for decades, and testing showed that certain types of products, rice products, root vegetable products, had these high levels of metal. They knew that the vitamin additives that they were adding had crazy high levels of lead. They knew this. They studied it. And internally, the emails show that one particular company was joking about it…”
• When asked about liability in the lawsuits, Wisner says, “[w]e have them dead to rights on liability. We have taken 60 or 70 depositions. When a jury hears this stuff…it’s going to be a reckoning.”

You may qualify for a Plum Organics lawsuit if your child*:

• Consumed Plum Organics baby food products for at least nine months.
• Received a confirmed medical diagnosis of autism spectrum disorder (ASD) between the ages of 1.5 and 10 years old or severe attention-deficit/hyperactivity disorder (ADHD) between the ages of 8 and 14 years old.

The baby food lawyers at Wisner Baum are pursuing lawsuits for clients with intact statute of limitations (SOL) against Plum and other manufacturers for clients in all 50 states and Puerto Rico. The fastest way to determine whether you qualify for a case is to fill out our free and confidential case evaluation form.

*Case criteria subject to change.

Plum Organics was founded in 2007 and acquired by Campbell Soup Company in 2013. In 2021, Sun-Maid Growers of California announced the acquisition of Plum Organics, which ranks fourth on this list of the top 10 best-selling baby food brands in the world as of 2024.

Yes. According to Consumer Reports, some Plum Organics products still test high for certain heavy metals.

The following Plum Organics baby foods were listed as products to limit in your child’s daily diet:

• Plum Organics Just Sweet Potato Pouches (limit to less than 1 serving daily)
• Plum Organics Mighty Sticks Whole Grain Snacks, Berry Beet (limit to less than 1.5 servings daily)
• Plum Organics Little Yums Organic Teething Wafers, Pumpkin & Banana (limit to less than 5.5 servings daily)

No, because several Plum Organics baby foods were found to contain high levels of toxic metals. Furthermore, according to a government report, Plum Organics (which at the time was owned by Campbell’s Soup) “refused to cooperate” with a government subcommittee reviewing baby food safety. “Subcommittee is greatly concerned that their lack of cooperation might obscure the presence of even higher levels of toxic heavy metals in their baby food products, compared to their competitors’ products,” the report said.

The report stated that independent testing of Plum Organics products “confirmed that their baby foods contain concerning levels of toxic heavy metals.”

The Subcommittee called out Plum not only for its refusal to produce its testing standards and specific testing results; it also questioned the company’s policies on heavy metals testing:

“Instead of producing any substantive information, Campbell provided a spreadsheet self-declaring that every one of its products ‘meets criteria.’ Campbell declined to state what those criteria are.”

While Plum did not cooperate with the government subcommittee the first time, the company did send heavy metals testing as part of a follow-up report. The results were not good. According to Plum’s testing conducted between 2017 and 2019:

• All of Plum’s Super Puff rice-based products tested at or above 200 parts per billion (ppb) arsenic. Some products reached 470 ppb of arsenic. The FDA allows a maximum level of 10 ppb of arsenic in bottled water.
• Roughly 38% of Plum baby foods tested above 5 ppb cadmium, which is the FDA’s maximum allowable amount for bottled water.
• Over 54% of Plum Organics baby foods tested above 5 ppb lead, which is the FDA’s maximum allowable amount for bottled water.

Infants and toddlers are vulnerable to neurological harm from heavy metals exposure because they consume more food concerning their body weight, thus absorbing more heavy metals than adults. Put simply, there is “[n]o level of exposure to these metals is safe in vulnerable infants,” says Linda McCauley, Dean of the Nell Hodgson Woodruff School of Nursing at Emory University.

Both the U.S. Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) have said that infants and toddlers exposed to toxic metals may suffer from:

• Permanent decrease in IQ
• Increased risk of future criminal and antisocial behavior
• Untreatable, potentially permanent brain damage

It isn’t just that heavy metals are in baby foods, it’s that there are significant amounts of heavy metals in baby foods. While Plum did not cooperate with the government subcommittee by sharing heavy metals testing results, independent testing has found concerning levels of toxic metals in Plum’s line of baby foods. If infants and toddlers consume more heavy metals than adults and the levels of toxic metals in some Plum Organics products are “concerning,” this is a serious problem.

According to the company’s website, Plum “has a comprehensive quality and food safety program that encompasses an ingredient testing program, which includes testing for heavy metals.”

But the government subcommittee pushed back on Plum’s assertion. When the company was asked about heavy metals, Plum stated that all of its products meet criteria but “declined to state what those criteria are.”

Plum Organics was named as a defendant in a class action, but that case was tossed out in April of 2024. The Plum Organics class action accused the company of deceptive business practices for misrepresenting the safety of its baby foods by failing to disclose the presence of high levels of toxic heavy metals. The case sought compensation for the money claimants paid for Plum Organics products.

Wisner Baum is not litigating baby food class actions. Our baby food cases are product liability lawsuits alleging Plum Organics and other manufacturers knowingly sell products with dangerously high levels of lead, arsenic, and mercury. According to the complaints, toxic heavy metals in Plum products have caused children to develop brain damage in the form of autism and/or ADHD. The lawsuits seek compensation for health care costs, lost wages, and other damages.

Below is our firm’s process for determining whether you qualify for a baby food lawsuit against Plum Organics:

• Call our law office at (855) 948-5098 or fill out our contact form.
• Our legal team will send you a questionnaire about your case to complete. It takes about 10 minutes to complete.
• After receipt of your completed evaluation, we review your potential case. If you meet certain criteria, we will contact you to let you know that you qualify for a baby food lawsuit.
• Before you decide whether you would like to move forward with our firm, you can ask any questions you may have about your legal claim. Remember, we are here to help.
• If you qualify and would like to pursue a lawsuit, we will prepare a contingent fee agreement for your review. Once you sign, our legal team will go to work preparing a strong case on your behalf.

The amount of compensation you may receive in a lawsuit against Plum Organics depends on your claims for damages. These may include (among other things):

• Money spent on health care bills related to your child’s diagnosis or diagnoses. This includes future health care bills.
• Loss of income if you or your spouse stopped working to take care of your child.
• The injury, pain, and suffering caused to your child and family.
• Punitive damages due to the company’s “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. While they are not always awarded, they can be worth several times more than the compensatory damages listed above.

The first thing you should consider when selecting an attorney for a baby food lawsuit is their track record: what have they done in similar cases when the stakes are high?

At Wisner Baum, we have won billions in jury verdicts, and we have helped negotiate settlement agreements worth billions. Our attorneys have the experience and resources to take on any corporate defendant and win.

But this case is not just about compensation; it’s about sending a message to the corporate defendants that their reckless conduct should come with consequences. Anyone who represents your interests should be committed to holding Plum accountable for failing to protect the health of young children. This case is about using the law to improve food safety and prevent other children from suffering similar harm.

Wisner Baum was one of the first law firms in the country to investigate the baby food heavy metals issue and bring cases to court. We represent well over 3,000 children in lawsuits against Plum Organics and other baby food companies. Our attorneys were selected for the plaintiffs’ leadership in the toxic baby food multidistrict litigation (MDL), where dozens of cases are consolidated in one court. We are also preparing to take a case to trial in California state court in January of 2025.

Interested in learning more about your legal rights? Have questions about your case? Call us today at 855-948-5098.