Plum, Campbell lawsuit over heavy metals in baby food dismissed

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Update: 

• A New Jersey federal judge dismissed a class action lawsuit that alleged some of Plum PBC and Campbell Soup Co.’s baby food products contain dangerous levels of heavy metals.
• In an order filed Nov. 1, U.S. District Judge Noel L. Hillman dismissed claims a group of parents filed against the companies, saying the plaintiffs hadn’t established an actual or imminent harm.
• The consumers filed the lawsuit after a U.S. House of Representatives subcommittee issued a report on heavy metals arsenic, lead, cadmium and mercury in baby foods in February 2021.
• Judge Hillman acknowledged the parents who sued are justifiably “alarmed” and “concerned” about the report. However, he said they had not adequately alleged harm from the products in their current complaint. 

Toxic heavy metal baby food class action lawsuit overview:

• Why: Plum and Campbell argue the plaintiffs do not have standing because they did not allege their children were injured by the baby food.
• Who: Plum PBC and Campbell Soup Co. filed a motion to dismiss a class action lawsuit alleging Plum baby food products contain dangerous levels of heavy metals.
• Where: The Plum baby food class action lawsuit is in New Jersey federal court.

(Dec. 22, 2021)

Plum PBC and Campbell Soup Co. asked a New Jersey federal judge to dismiss a class action lawsuit alleging some of their baby food products contain dangerous levels of heavy metals.

Plum and Campbell claim that the plaintiffs’ claims are founded on an “alarmist staff report” issued in February by a U.S. House of Representatives subcommittee.

“Even though Plum unequivocally denies that its baby food products are unsafe, this class action lawsuit is not the appropriate manner or place to undertake that issue or the task of managing ubiquitous heavy metals in the nation’s food supply,” Plum and Campbell argue in their motion to dismiss the toxic metals baby food class action lawsuit.

Plum and Campbell argue the U.S. Food and Drug Administration (FDA) quickly responded to the subcommittee report and “expressed serious concern over politicians making proposals that were not science-based and that could harm children by reducing their consumption of healthy and nutritious food.”

Even if the judge decides not to dismiss the toxic metals baby food class action lawsuit at this time, Plum and Campbell argue the claims should be placed on ice until the FDA completes its investigation.

The companies list a number of other issues they believe support their motion for dismissal. They claim the plaintiffs do not have standing to file the toxic baby food class action lawsuit because they have not alleged that their children were harmed by the products.

Campbell, which sold Plum in May, argues it is not a proper party to the toxic baby food class action lawsuit and should be dropped as a defendant.

Plaintiffs have already urged a California federal judge to reject Plum’s motion to dismiss a toxic metals baby food class action lawsuit pending in that state.

Toxic baby food class action lawsuits

The February subcommittee report spurred several toxic metal baby food class action lawsuits. Walmart is currently facing a baby food class action lawsuit that alleges the retail giant manufactures, markets and sells baby foods with high levels of cadmium, mercury, arsenic and lead. 

Gerber is also facing a baby food class action lawsuit that alleges the company failed to disclose that its baby food products contain potentially dangerous levels of toxic heavy metals. 

To see if you qualify to join the toxic baby food class action lawsuit investigation click here (links to paid attorney advertisement). 

The plaintiffs are represented by Mazie Slater Katz & Freeman LLC, Mason Lietz & Klinger LLP, Scott & Scott Attorneys at Law LLP, Levin Sedran & Berman LLP, Kantrowitz Goldhamer & Graifman PC, Shub Law Firm LLC, Faruqi & Faruqi LLP, Silver Golub & Teitell LLP, Goldenberg Schneider LPA, Zigler Law Group and Walton Telken LLC.

The Toxic metals baby food class action lawsuit is In re: Plum Baby Food Litigation, Case No. 1:21-cv-02417, in the U.S. District Court for the District of New Jersey.

Read About More Class Action Lawsuits & Class Action Settlements:

• More Than 70 Sunscreens Should Be Recalled Over Cancer-Causing Ingredient, Says Lab
• Banana Boat Sunscreens Contain Carcinogenic Petrochemical, Class Action Lawsuit Claims
• Most Major Makeup Brands Test Positive For Toxic PFAS, Says Study
• Thinx Toxic Underwear a ‘Safety Hazard to the Female Body,’ Claims Class Action Lawsuit