A February 4, 2021 U.S. House of Representatives Staff Report found that several tested baby foods contained unusually high levels of heavy metals. The report found that some baby foods had up to 177 times the FDA allowable lead level, 91 times the arsenic level, 69 times the cadmium level or up to 5 times the mercury level.
There is no safe level of exposure of these toxic heavy metals in baby foods. According to the World Health Organization, a “major public health concern” is posed by heavy metals for children. According to the Occupational Safety and Health Administration, heavy metals can “build up in biological systems and become a significant health hazard.”
Baby food companies have known their products were toxic but chose profits over responsibly warning the public about the danger posed by their baby food. Nadrich Accident Injury Lawyers is dedicated to holding baby food companies accountable for recklessly and reprehensibly concealing the dangers of their products from the public and exposing children to toxic heavy metals.
Do I Have A Case?
We are handling, on a contingency basis, cases involving children who were diagnosed before the age of 14 with:
- Autism spectrum disorder (including Asperger’s)
The child who developed any of the above conditions must have consumed baby food products from the following brands for at least six months:
- Gerber
- Plum Organics (Campbell Soup Company)
- Parent’s Choice Organic (Walmart)
- Parent’s Choice (Walmart)
- Sprout Organic Foods
- Beech-Nut
- Happy Family Organics (Nurture, Inc.)
- HappyBABY (Nurture, Inc.)
- Earth’s Best Organics (Hain Celestial Group, Inc.)
Unfortunately, we cannot accept cases when:
- The child was born prior to 37 weeks gestation
- The child’s birth weight was less than 5.5 lbs
- The child was diagnosed with autism spectrum disorder after the age of 14
- The child was born prior to 2007
- The child did not consume any of the above products or consumed them for less than six months
- The child was diagnosed with Rett syndrome, fragile X syndrome, Angelman syndrome, CHARGE syndrome, Cohen syndrome, Cornelia De Lange syndrome, Down syndrome, neurofibromatosis, PTEN hamartoma tumor syndrome, Smith-Lemli-Optiz syndrome, Timothy syndrome, tuberous sclerosis, ADHD or ADD, any brain injuries or any viral infections
- A family history of ADHD/ADD or autism exists
- The mother had or did any of the following while pregnant: substantial cigarette smoking, substantial drinking, substantial drug use – no cocaine use at all, use of anti-seizure medications, use of thalidomide, diabetes (including gestational), abnormal bleeding, threatened abortion (pregnancy related bleeding/discharge during the first half of the pregnancy without cervical dilation), premature membrane rupture, antepartum hemorrhage, toxemia/pre-eclampsia, rubella or cytomegalovirus infection
- The child was included in the Tylenol/acetaminophen litigation regarding a potential link between Tylenol and ADHD/ADD/autism spectrum disorder
- Either parent was over the age of 50 at the time of conception
Call us today for a free consultation or text us from this page. We will not charge you a fee unless we obtain a recovery.
Metals found in baby food are linked to the following:
- Cancer
- Chronic diseases
- Neurotoxic effects
- Brain damage
- ADHD
- Autism (ASD)
- Cardiovascular issues
- Compromised immune system
Which Baby Food Brands Contain Heavy Metals?
The baby food brands listed in the baby food Congressional Report include:
- Gerber, who manufactures purees, cereals, snacks and other baby foods
- Beech-Nut, manufacturer of infant rice cereals which were recently voluntarily recalled
- Nurture – Happy Family Organics and HappyBABY
- Hain Celestial Group – Earth’s Best Organic
- Campbell Soup – Plum Organics
- Walmart – Parent’s Choice
- Sprout Foods – Sprout Organic Food, owned by North Castle Partners
The congressional subcommittee requested a baby food safety investigation. Gerber, Hain, Beech-Nut and Nurture complied with the request. However, Sprout Organic Foods, Campbell and Walmart refused to cooperate. The subcommittee is “greatly concerned” that this lack of cooperation may be hiding even higher heavy metal levels than found in competitors’ baby foods.
The report also focused on snack puffs, which, alongside teething biscuits, puffs, crisps, cookies, and crackers, are especially high in rice content. The report names multiple rice puff products, including:
- Sweet Potato & Carrot Puffs
- Strawberry & Beet Puffs
- Purple Carrot & Blueberry Puffs
- Kale & Spinach Puffs
- Blueberry Beet Rice Cakes
- Pumpkin & Banana Puffs
- Apple Rice Cakes
- Apple & Broccoli Puffs (contained 180 ppb of inorganic arsenic)
Rice-based baby foods containing high amounts of heavy metals, especially arsenic, have been a long-term problem. The FDA has enacted an inorganic arsenic threshold for infant rice cereal of 100 ppb. This level is ten times the amount allowed in bottled water.
Call us at (800) 718-4658 if your child has been diagnosed with autism spectrum disorder and has been fed any of the above baby foods for one year. You can also complete the “Do I Have A Case” form on the right. We don’t charge you or your child any fee until and unless we obtain compensation for you. Your child may be eligible for a financial recovery.
Heavy Metals and Autism
The heavy metals arsenic, lead, mercury and cadmium have been linked to autism by many studies, including:
- Arsenic and autism: Study 1 – Study 2
- Lead and autism: Study 1 – Study 2
- Mercury and autism: Study
- Cadmium and autism: Study 1 – Study 2
These heavy metals have also been linked to:
- Arsenic: Neurological problems, cognitive deficits, reduced IQ, brain and nervous system damage, skin/lung/bladder cancer
- Cadmium: Learning disabilities, kidney/bone/heart damage, cancer, neurotoxicity
- Lead: Behavior problems, attention deficits, reduced IQ, brain damage
- Mercury: Memory impairment, reduced IQ, vision impairment, cardiovascular disease
Exposure to toxic heavy metals has been linked to permanent IQ deficits in children, as well as an increased risk of future antisocial and criminal behavior. Long-term neurological development and brain function can be compromised by exposure to heavy metals as an infant.
The World Health Organization and the FDA have stated that heavy metals pose a risk to human health, especially the health of babies and children. The World Health Organization considers mercury, lead, cadmium and arsenic to be top 10 chemicals of major health concern.
Recalled Beech Nut Baby Food
Beech Nut recalled its infant rice cereal in June 2021 because its arsenic level was over the 100 parts per billion FDA limit. The company also announced that it would no longer sell infant rice cereal, as Beech Nut is concerned about being able to consistently obtain rice flour that doesn’t contain high levels of inorganic arsenic. This problem with sourcing safe rice flour may mean that future rice-based baby food recalls are likely.
Toxic Baby Food Autism Lawsuit Updates
December 4, 2024 Update
Major manufacturers of baby food have filed a motion to dismiss claims in the baby food autism MDL. The defendants are arguing that adequate scientific evidence is not presented by the claims, and that the claims don't successfully establish any link between autism development and exposure to heavy metals in baby food.
The defendants are arguing that heavy metals present in baby foods are unavoidable and are due to elements which naturally occur in the environment. The defendants are arguing that the claims have failed to demonstrate that the manufacturers acted with malice or negligence, asserting the companies have complied with federal safety standards. The defendants argue that the claims are relying on speculative connections instead of definitive science.
The defendants are also arguing that the claims would lead to inconsistent standard which might disrupt federal regulation of food products, arguing this means that the claims are preempted.
While heavy metals do naturally occur in some ingredients, the plaintiffs are arguing that the baby food makers did not take reasonable steps to warn parents about risks associated with the heavy metals.
A growing body of scientific evidence suggests that heavy metals in food can raise the risk of developing neurodevelopmental issues such as autism spectrum disorder.
October 3, 2024 Update
2 cases were added to the baby food MDL in September. The MDL now involves 32 pending cases.
The reason the case count is so low is because attorneys are mostly playing a waiting game before filing lawsuits, observing how the litigation is unfolding. The few lawsuits being filed right now are likely being filed because their statutes of limitations are about to expire.
September 10, 2024 Update
Attorneys continue accumulating clients regarding baby food lawsuits. However, there aren't a lot of lawsuits being filed in the baby food MDL.
Why is this? Attorneys are collecting cases, waiting and monitoring how things are going in the MDL before they file lawsuits. Most baby food claims have a lot of time left on their statute of limitations since the victims are minors.
No consensus yet exists among baby food attorneys regarding if these cases will be more successful in the MDL or in California's state court. Because of this, many lawyers are collecting cases and waiting to see how things go.
August 14, 2024 Update
A discovery battle may be developing early on in the baby food autism MDL. The plaintiffs have asked defendants for information about their testing as well as additional procedures regarding heavy metals that are in their baby foods. The defendants object, claiming the request's scope is too broad, as well as beyond that which is appropriate for discovery regarding general causation. The judge overseeing the MDL has been informed of the battle and the plaintiffs and defendants were asked to meet in hopes that the dispute can be resolved.
July 31, 2024 Update
A hearing occurred in the MDL. It was ruled by the court that by August 15, every defendant in the MDL which isn't making a motion to dismiss due to lack of personal jurisdiction needs to begin moving forward regarding electronic discovery.
A status conference is scheduled for August 24 and August 20 is the deadline for an updated joint statement.
July 23, 2024 Update
A Master Complaint has been filed in the toxic baby food MDL, identifying specific products which have been found to contain contamination by heavy metals, and outlining how the products have caused children to develop autism spectrum disorder.
The complaint will assist with simplifying the filing of claims in the future, and streamlining the MDL's pretrial proceedings.
The litigation began in April 2021 after a report from Congress highlighted testing results and documents which found that some baby food products contained 177 times the level of lead allowed, 91 times the level of arsenic allowed, 69 times the level of cadmium allowed and five times the amount of mercury allowed.
The complaint lists many products distributed by:
- Gerber
- Beech-Nut
- Nurture Products
- Hain Products
July 17, 2024 Update
A lawsuit has been filed in the baby food autism MDL alleging that an Orlando, Florida woman's child developed autism spectrum disorder due to toxic heavy metals such as mercury, arsenic in lead in baby foods which were sold by Walmart, Beech-Nut and Gerber.
June 23, 2024 Update
Baby food manufacturers may be on the hook for billions of dollars in lawsuits if the multidistrict litigation judge overseeing the baby food cases believes the science.
It will be important which lens is used by the judge.
Lawyers for the plaintiffs are arguing that a focus should be on if consuming heavy metals which are found in the baby foods made by the defendants can cause autism spectrum disorder.
Attorneys for the defense aren't fond of this approach since they know the heavy metals can cause autism. So, they're proposing that the question of causation should focus upon if consuming their baby foods can cause ASD. They're arguing that since some ingredients in their baby foods promote the healthy development of brains, the focus should be upon the baby foods themselves rather than just the heavy metals.
June 16, 2024 Update
A lawsuit filed in federal court in the State of Nevada accuses numerous manufacturers of baby food, such as Gerber, of ending up selling products which were contaminated with heavy metals which are toxic.
The plaintiffs are claiming that babies who consumed these contaminated baby foods ended up with serious neurodevelopmental injuries like autism spectrum disorder and brain damage.
One of the cases involves allegations that a minor ate baby foods made by Walmart and Gerber from 2014 through 2019. These baby foods allegedly had high levels of lead, mercury and arsenic, leading to the minor being diagnosed with autism spectrum disorder as well as additional neurodevelopmental issues.
This lawsuit claims that Gerber and other defendants, despite being aware of the presence of the toxic metals in their products, failed to warn about the presence of the heavy metals, causing harm to children in the process. The lawsuit seeks financial compensation for injuries as well as long-term health issues caused by the products.
June 10, 2024 Update
A lawsuit filed by parents from New York, California and Indiana alleges that baby food sold by Aldi contained harmful levels of heavy metals.
The lawsuit, filed in Illinois on May 28, involves Little Journey, a brand by Aldi. The lawsuit alleges Aldi failed to properly label its baby food, causing shoppers to think they were purchasing safe baby food.
The lawsuit alleges that the brand's baby teething wafers, little munchers and puffs contained dangerous amounts of mercury, cadmium, lead and arsenic.
The lawsuit alleges that lasting impacts of these heavy metals include increased risk of antisocial or criminal behavior in the future, diminished economic productivity in the future and permanent IQ decreases.
June 3, 2024 Update
A baby food autism lawsuit has been filed which will end up being transferred to the baby food MDL in California.
A plaintiff from Texas received an autism spectrum disorder diagnosis at the age of three. Starting in 2017, he consumed baby food made or sold by Gerber and Beech-nut early on as a child. It is being claimed that these baby foods were contaminated by significant amounts of toxic heavy metals such as mercury, arsenic and lead, and that the amount of these metals exceeded limits in terms of regulations.
The plaintiff is claiming that they got exposed to toxic heavy metals as a direct result of eating these baby foods, leading to injury to the brain manifesting as autism spectrum disorder.
The lawsuit is arguing that current scientific evidence is supporting the link between autism and exposure to toxic heavy metals.
It is being alleged that had the defendants warned the caregivers of the plaintiff about the possibility of exposure to heavy metals and an associated risk of injury to the brain, the plaintiff would have not ended up consuming these foods.
In other news, 25 cases are currently pending in the baby food MDL.
May 26, 2024 Update
A new study has suggested that fluoride exposure while in the womb might increase children's' risk of ending up with neurobehavioral problems like ADHD and autism spectrum disorder.
Flouride is a natural mineral which is often put in toothpaste and drinking water for the prevention of tooth decay via the strengthening of teeth.
The study is suggesting that kids who live in areas that have "optimal" levels of fluoride might be more likely to develop neurobehavioral problems.
However, this study, if correct, does not weaken arguments by plaintiffs in baby food autism lawsuits. It is known that the causes of neurobehavioral issues are complex. There may be - and is - more than just one mechanism behind neurobehavioral issues. Flouride may be one of those mechanisms. More science needs to be conducted to find out. However, we have known for a long time that the consumption of heavy metals such as mercury, cadmium, arsenic and lead can injure brains. This premise is behind every baby food lawsuit and cannot be refuted.
May 21, 2024 Update
Info found in "retailer customer loyalty records" may be crucial evidence which plaintiffs can utilize in order to prove which specific baby food products and brands they purchased. Records of customer loyalty would include all types of customer purchase information system, which are often linked to "bonus" or "rewards" programs where retailers give free perks to customers, which track specific customers' buying histories. Prospective plaintiffs and plaintiffs should put effort into recovering this kind of information in order to strengthen the claims they have.
May 12, 2024 Update
A lawsuit alleges that an Illinois child developed autism spectrum disorder as a result of consuming baby foods which contained lead, arsenic and mercury and which were sold by defendants.
The lawsuit alleges the products exceeded limits imposed by regulations for heavy metal content and failed to contain adequate warnings regarding the risks which are associated with the toxic heavy metals.
The lawsuit seeks financial compensation for damages including medical expenses, loss of quality of life, pain, suffering and punitive damages.
The lawsuit alleges that the defendants knew about the risks associated with their products, failed to adequately redesign or test their products in order to minimize risks, and failed to provide effective warnings regarding dangers which the heavy metals in their products posed.
May 1, 2024 Update
The total number of baby food autism cases in the MDL stands at 25.
April 17, 2024 Update
A lawsuit alleges that a Nevada child developed autism spectrum disorder because the child consumed baby food products made and sold by Gerber and Beech-Nut which contained toxic heavy metals like mercury, arsenic and lead.
The lawsuit is seeking compensation for damages such as medical expenses, and claims the plaintiff would not have purchased the products had the defendants adequately warned of the presence of heavy metals in the products.
April 11, 2024 Update
A multidistrict litigation (MDL) has been formed, consolidating baby food autism lawsuits in San Francisco.
It was ruled by a court that an MDL is justified because the lawsuits "share common issues of fact" with regards to heavy metals being present in baby food products, manufacturers knowing about and testing for those heavy metals, if these heavy metals may have caused plaintiffs to be injured, and if defendants provided adequate warnings regarding heavy metals being present in their products.
Baby Food Autism Lawyers
Nadrich Accident Injury Lawyers have been helping injured victims of dangerous products obtain financial compensation from corporate America since 1990. Our lawyers and experts know how to maximize your recovery so you can be compensated fully for your child’s injuries.
Our fee is a percentage of the recovery. We do not charge any fee until and unless we obtain compensation.
If your 16 year-old or younger child has been diagnosed with autism spectrum disorder after eating baby food as an infant, you may be entitled to financial compensation for:
- Past and future medical bills associated with your child’s injuries
- Past and future physical and mental pain and suffering of your child associated with their injuries
- Loss of the enjoyment of life
- Your child’s future loss of wages
- Economic losses associated with your child’s injuries
- Any expenses not covered by your standard insurance
- Punitive damages, if warranted
In addition, you can hold baby food manufacturers accountable for their actions by filing a toxic baby food lawsuit, which can help society by:
- Leading to dangerous baby food being recalled from the market
- Leading to better baby food safety standards
- Leading to reform of baby food testing and approval processes
Dealing with the revelation that your child’s medical condition was caused by defective baby food can be devastating. You might not understand the issues involved or even know where to start, but the legal experience and assistance of a lawyer can help with this. Our lawyers can research your claim and any relevant laws, tell you what your legal rights are, and tell you what we can do to obtain justice for you and your child.
Call the California toxic baby food lawyers for a free consultation to see if you have a case.
