U.S. District Judge Jacqueline Scott Corley ruled today that several major baby food companies, including Walmart, Beech-Nut, and Gerber, must face legal claims alleging their baby food products contained toxic heavy metals that caused brain and neurodevelopmental damage in children.
“Selling baby food with lead and arsenic is simply not OK,” said baby food attorney R. Brent Wisner in a statement to Reuters. “With the court's ruling, we are one step closer to holding these companies accountable for their decades of malfeasance.”
Wisner serves as co-lead trial counsel in the toxic baby food multidistrict litigation (MDL) before Judge Corley, who oversees roughly 135 baby food lawsuits filed in federal court. The cases are consolidated in the United States District Court for the Northern District of California.
Today’s ruling represents a critical step forward for thousands of families seeking justice for their children who have suffered alleged harm from contaminated baby food products. If your child consumed baby foods from the following companies and later developed autism spectrum disorder (ASD) or attention-deficit/hyperactivity disorder (ADHD), you may be eligible to join the baby food lawsuit:
Contact us today for a free and confidential case evaluation.
Background on the Toxic Baby Food Litigation
The lawsuit stems from disturbing findings in a 2021 report by a U.S. House of Representatives subcommittee on economic and consumer policy. The congressional investigation revealed "dangerous" levels of heavy metals in certain baby food products that could potentially cause neurological damage in developing infants and children. The toxic metals in question include:
- Arsenic
- Cadmium
- Lead
- Mercury
The heavy metals cited in the government report are known to be harmful to neurological development, particularly in infants and young children. According to the American Academy of Pediatrics, “no level of exposure to these heavy metals has been shown to be safe in children.”
In response to the report, parents nationwide have decided to take legal action, alleging that consumption of these tainted baby food products led to neurodevelopmental conditions in their children. Specifically, the complaints allege that some manufacturers failed to adhere to their own internal safety limits regarding heavy metal content, while others completely neglected to address the issue.
Details of the Baby Food MDL Ruling
Judge Corley's decision allows parents to proceed with their claims that defective manufacturing, negligence, and failure to warn about more than 600 baby food products caused their children to suffer serious neurological harm. The ruling rejected companies' arguments that parents needed to allege toxicity crossed a particular threshold, instead finding it plausible that baby food products were unsafe if established safety criteria were not followed.
The defendants include major brands such as Walmart's private label baby food, Beech-Nut (owned by Nestle), Gerber (owned by Switzerland's Hero Group), Hain Celestial's Earth's Best Organics, Danone's Happy Baby and Happy Tot, Sun-Maid Growers of California's Plum Organics, and Neptune Wellness Solutions' Sprout Organic.
What This Means for Affected Families
This ruling marks a significant victory for parents seeking accountability from baby food manufacturers. The court has recognized the validity of these claims and is allowing them to proceed despite the defendants’ aggressive tactics.
For families whose children have suffered developmental issues after consuming potentially contaminated baby foods, this ruling provides hope that justice may be served. Our firm remains committed to fighting for the rights of these children and holding corporations accountable for putting profits ahead of safety.
If your child consumed these products and subsequently developed autism spectrum disorder or ADHD, we encourage you to contact Wisner Baum to learn about your legal options.
Wisner Baum – Leaders in the Baby Food Litigation
At Wisner Baum, we are proud to be at the forefront of this important litigation, representing over 5,000 children who have allegedly suffered harm from contaminated baby food. In addition to our leadership role in the federal toxic baby food MDL, Wisner Baum is preparing to take a California state court case to trial this July. This California case is separate and distinct from the federal MDL proceedings and represents another important avenue through which we are seeking justice for affected families.
If you would like to learn more about your legal rights, contact us today for a free consultation.
