Gerber Broke Public Trust By Selling Baby Food With High Levels Of Toxic Heavy Metals, Class Action Says

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.

Gerber Heavy Metal Class Action Lawsuit Overview: 

• Who: Hannah Dempsey and Kathleen Hood filed a class action lawsuit against Gerber Products Company. 
• Why: Plaintiffs allege Gerber knowingly sold baby food that contains potentially dangerous levels of toxic heavy metals while failing to disclose this information to consumers. 
• Where: The class action lawsuit was filed in Virginia federal court. 

Gerber withheld from consumers that its baby food contains potentially dangerous levels of toxic heavy metals such as cadmium, arsenic, lead, and mercury, a new class action lawsuit alleges.

Plaintiffs Hannah Dempsey and Kathleen Hood claim Gerber does not disclose that its baby food products contain toxic heavy metals and violated the public’s trust by selling an item that could endanger babies. 

“Baby food manufacturers hold a special position of public trust. Consumers believe that they would not sell products that are unsafe for babies to consume,” the class action lawsuit states. 

Dempsey and Hood want to represent a nationwide Class of consumers and a Missouri and Connecticut subclass of consumers who have purchased any Gerber baby food product found to contain toxic heavy metals. 

Plaintiffs’ allegations stem from a February report published by the United States House of Representatives Subcommittee on Economic and Consumer Policy, Committee on Oversight and Reform that revealed baby foods produced by some of the country’s largest manufacturers — including Gerber Products Company — were tainted with significant levels of toxic heavy metals. 

Dempsey and Hood say they both purchased numerous Gerber baby food products without knowing they contained harmful heavy metals, including Gerber Natural Banana and Gerber Natural Carrots. 

The Food and Drug Administration and World Health Organization have both declared that toxic heavy metals are particularly dangerous to babies and children, according to the class action lawsuit, which claims even a low amount of exposure can cause serious and irreversible damage.

Class Actions Claims Gerber ‘Misled’ Consumers by Selling Baby Food Containing Toxic Heavy Metals

Dempsey and Hood claim Gerber is deceiving and misleading consumers by marketing, selling, and advertising its baby food products as safe when it knows that they contain dangerous amounts of toxic heavy metals. 

“Defendant knows that heavy metals are harmful to babies and yet it sells the baby food products nonetheless,” states the class action lawsuit. 

Gerber fails to warn consumers that its baby food products contain toxic heavy metals which makes them unsafe and unsuitable for consumption, according to the class action lawsuit, which further alleges that the company has policies in place that permits it to sell its baby food with toxic heavy metals. 

Dempsey and Hood claim Gerber is guilty of breach of express warranty, negligent misrepresentation, and unjust enrichment, and is in violation of the Connecticut Trade Practices Act and Missouri Merchandising Practices Act. 

Plaintiffs are requesting compensatory damages and declaratory and equitable relief, including disgorgement and restitution, for themselves and all Class Members. 

A separate class action lawsuit was filed this month against Walmart by consumers alleging the company failed to disclose its Parent’s Choice brand baby food contained high levels of toxic heavy metals. 

Have you purchased Gerber baby food for your child without knowing it contained toxic heavy metals? Let us know in the comments! 

The plaintiffs are represented by Michael G. Phelan, Jonathan M. Petty, Christopher P. Yakubisin, and Brielle M. Hunt of Phelan Petty, PLC, and Mark S. Reich and Courtney E. Maccarone of Levi & Korsinsky, LLP. 

The Gerber Heavy Metal Class Action Lawsuit is Dempsey, et al. v. Gerber Products Company, Case No. 1:21-cv-01080, in the U.S. District Court for the Eastern District of Virginia.

Read About More Class Action Lawsuits & Class Action Settlements:

• Walmart Hit With Another Class Action Lawsuit Over Toxic Heavy Metals in Baby Food
• Plum Organics Baby, Toddler Food Claims Mislead Parents, Says Class Action
• Happy Baby Organic Class Action Alleging Toxic Heavy Metals Consolidated in New York
• Walmart Sells Discontinued, Cancer-Causing Baby Powder, Says Class Action Lawsuit