Baby food maker Nurture can’t dodge toxic heavy metal claims, judge rules

(Feb. 19, 2021)

A Georgia woman is the latest consumer to take issue with the reportedly high levels of heavy toxic metal being in baby food products. She filed a nationwide class action lawsuit against Nurture, Inc., the maker of Happy Family baby food on Thursday, claiming the company misled consumers.

Lead plaintiff, Nita Jain, says that when she bought Nurture baby food products from retailers, including Amazon and Target, she relied on statements included on the products’ labels touting the company’s reliance on research, registered dietitians, and other professionals in developing its products. In addition, the lawsuit points out that the Happy Family Brands’ website says that it’s committed to exceeding USDA organic standards.

Despite these representations, Nurture allegedly sells baby food to unsuspecting parents that contain high levels of toxic metal, including inorganic arsenic, cadmium, mercury, and lead. Jain says that she wasn’t aware of the toxic baby foods until a recent investigation by the U.S. House of Representatives Subcommittee cited the company for selling products that contained contaminates at higher levels than allowed.

Jain asserts that she and other consumers wouldn’t have purchased the Happy Family brand baby food from Nurture if she knew about the high levels of toxic metal.

If you bought Beech-Nut, Earth’s Best Organic, Gerber, or HappyBABY baby food and didn’t expect toxic metals to be included in it, you could join a toxic baby food lawsuit investigation. Lawyers will review your case for free.

Nurture sells a variety of products allegedly contaminated with the toxic metals under the Happy Family brand, including various puffs, purees, teething crackers, and cereal. Jain says that the labeling she and other consumers rely on when making their purchases assures them that Nurture products are made by “real [parents or moms], pediatricians & nutritionists on a mission to bring health and happiness to our little ones and the planet.”

The lawsuit contends that Nurture’s alleged mislabeling of its baby food violates Georgia consumer protection laws. Jain also accuses Nurture of unjust enrichment through the false advertising of Happy Family brands products.

Of pending litigation regarding toxic metal in their baby food, Nurture told Bloomberg Law: “Nurture, Inc. stands by the quality and safety of all of its products and is proud to have best-in-class testing protocols in our industry. While we do not comment on pending litigation, we intend to vigorously defend this case.”

The plaintiff seeks to represent a nationwide class of consumers who purchased Happy Family brand baby food from Nurture, along with a subclass of Georgia residents.

Have you purchased Nurture baby food? Are you concerned about the claims of heavy toxic metals in the product? Tell us your thoughts in the comment section below!

Lead plaintiff, Nita Jain, and proposed Class Members are represented by Gary E. Mason, Gary M. Klinger, and David K. Lietz of Mason Lietz & Klinger LLP, Jonathan Shub and Kevin Laukaitis of Shub Law Firm LLC, Charles E. Schaffer and David C. Magagna Jr. of Levin, Sedran & Berman, LLP, Jeffrey S. Goldenberg of Goldenberg Schneider LPA.

The Nurture Baby Food Class Action Lawsuit is Jain v. Nurture, Inc., Case No. 1:21-cv-01473, in the U.S. District Court for the Southern District of New York.