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Walmart baby food contains toxic metals, a class action lawsuit alleges.

Walmart knowingly sells baby food containing dangerous levels of toxic heavy metals like arsenic, lead and mercury that cause significant developmental harm to infants and children, a new class action lawsuit claims. 

California mom Shipra Kochar filed the proposed class action lawsuit Wednesday in the Northern District of California, alleging the retail giant sells its Parent’s Choice brand baby food knowing it contains toxic substances. 

“Plaintiff and the Class Members were induced to feed their babies dangerous foods containing toxic heavy metals, such a lead, arsenic, cadmium, and mercury, and the full extent of the harm caused to their babies is not yet known,” the lawsuit states.

The lawsuit comes after a recent report from the U.S. House of Representatives found baby food from seven top manufacturers, including Walmart, contain dangerous levels of toxic metals. Kochar’s is the latest in a flood of lawsuits against baby food manufacturers following the report.

Kochar said she bought Parent’s Choice baby food repeatedly through 2020, with her last purchase in January this year. She said she believed due to the marketing and packaging, and her reasonable trust in a baby food manufacturer, that she was giving her baby healthy and nutritious food. 

“Due to [Walmart’s] false and misleading claims and omissions, [Kochar] was unaware that the baby food she fed hereby contained any level of toxic heavy metals,” the lawsuit states. “[Her] baby was harmed or was placed at risk of harm by consuming foods containing toxic heavy metals and other undesirable toxins and contaminants.” 

The lawsuit says baby food manufacturers are free to set their own internal standards for toxic heavy metal content of their products, and says the manufacturers have chosen to set them at “dangerously high levels” they even sometimes exceed. 

Allegations of this issue attracted the attention of the United States House of Representatives in November 2019, which then assigned a Subcommittee on Economic and Consumer Policy to investigate.  On Feb. 4 this year, the subcommittee published its findings: the nation’s top baby foods are tainted with dangerous levels of inorganic arsenic, lead, cadmium, and mercury. 

In a press release, Subcommittee on Economic and Consumer Policy Chairman Rep. Raja Krishnamoorthi said they also found the manufacturers, including Walmart, “knowingly” sell baby food containing high levels of toxic heavy metals. 

In addition, Walmart, Campbell, and Sprout Organic Foods refused to cooperate with the Subcommittee’s investigation, while the other four top baby food manufacturers did.

“The Subcommittee is greatly concerned that their lack of cooperation might be obscuring the presence of even higher levels of toxic heavy metals in their baby food products than their competitors’ products,” it said.

Exposure to toxic heavy metals has been shown to cause cognitive decline and thwart cognitive development, especially in children, the lawsuit states.

It says arsenic is known to negatively impact many parts of the body, including the nervous and respiratory systems. Lead is so dangerous the government has made it illegal to use in paint, and gasoline, with lead-paint lawsuits previously leading to large payouts. Mercury is typically found in fluorescent bulbs and can cause cognitive deficits. And cadmium is found in batteries and is listed on a priority list by the Agency for Toxic Substances and Disease Registry.

As a result, Kochar alleges that Walmart was aware it was not selling healthy baby food, yet proceeded to advertise its products as safe for infants. 

Kochar is seeking to represent a Class of California-based consumers who bought Walmart’s Parent’s Choice baby food within the last four years. 

She is suing Walmart for negligent and fraudulent misrepresentation, violation of the Consumers Legal Remedies Act, California’s false advertising law and unfair competition law, fraud, breach of warranty and unjust enrichment.

She is seeking certification of the Class, enjoinment preventing Walmart from continuing the practices alleged in the lawsuit, statutory and punitive damages, interest, fees, costs and a jury trial. 

This is the latest lawsuit to come out of February’s congressional report. At least 43 lawsuits have surfaced nationwide so far over toxic metal contamination in baby foods, with plaintiffs filing a motion in March asking the Judicial Panel on Multidistrict Litigation to consolidate the cases in the Eastern District of New York.

Nurture, Gerber, Beech-Nut, and Plum Organics are also accused of misleading consumers about the safety of the ingredients in their baby food by implying that the products undergo rigorous testing. 

What do you think about the congressional report finding dangerous levels of toxic metals in these baby foods? Let us know in the comments! 

The plaintiffs are represented by Thiago Coelho, Cinela Aziz and Jessica Behmanesh of Wilshire Law Firm, PLC.

The Walmart Baby Food Class Action Lawsuit is Shipra Kochar et al, v. Walmart, Inc., Case No. 3:21-cv-02343, in the United States District Court Northern District of California.

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34 thoughts onWalmart Baby Food Contains Dangerous Toxic Metals, Class Action Lawsuit Alleges

  1. TERRY says:

    Stop false advertising these products that are safe and they are NOT! AND to hurt our babies??? Some one is to be held responsible!!!

  2. Leslee bollman says:

    My grandson is now 9 but was diagnosed with autism at the age of 3 . He consumed these products as a child. He is also nonverbal. Add me please thank you

  3. Valerie Ann Imel says:

    Please add me. I always purchased Parents Choice for my Grandchildren. The older four have outgrown it, but never again for my Baby Granddaughter.

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