Judge rules heavy metal baby food lawsuits to be consolidated

Update: 

• The Judicial Panel on Multidistrict Litigation agreed to consolidate class action lawsuits against a group of baby food manufacturers over claims their products contain toxic heavy metals. 
• Class action lawsuits from a total of five states are now centralized to a California federal court. 
• The panel determined consolidating the complaints to California would provide a “convenient and accessible” location for the litigation as several of the actions are already pending in the state. 
• The complaints against the baby food manufacturers came after a 2021 congressional report found the companies allowed high levels of arsenic, cadmium, lead and mercury in their finished products. 
• The baby food manufacturers argue there is no scientific evidence to support the claims that heavy metals in their products lead to adverse health effects. 

Baby food heavy metals class action lawsuits overview: 

• Who: A group of baby food manufacturers asked the Judicial Panel on Multidistrict Litigation not to consolidate class action lawsuits claiming their products contain heavy metals. 
• Why: The baby food makers argue there is no scientific evidence to support claims heavy metals in their products cause adverse health effects. 
• Where: The case is in front of the Judicial Panel on Multidistrict Litigation.

(Feb. 22, 2024)

A group of baby food manufacturers asked the Judicial Panel on Multidistrict Litigation not to consolidate class actions arguing heavy metals allegedly found in their products lead to adverse health effects, including autism and other conditions. 

The group, including Gerber Products, Beech-Nut Nutrition, Walmart and others, argues there would be no benefit in grouping the claims into a multidistrict litigation (MDL) and the judicial panel should stand by a past decision not to support consolidation. 

The judicial panel previously determined the way the companies marketed and manufactured their products differed too much to support consolidation, according to the baby food makers. 

Consumers filed class actions against baby food manufacturers in the wake of a 2021 congressional report that found seven baby food makers allowed high levels of heavy metals arsenic, lead, cadmium and mercury in their finished products. 

Baby food manufacturers argue no scientific studies to support class actions’ heavy metal claims  

The baby food manufacturers argue that, despite the congressional report, there are no scientific studies to support claims that heavy metals in their products cause a number of adverse health conditions, including autism and ADHD. 

The companies also argue the claims don’t point to any specific product or products and a small number of federal complaints are ongoing and represented by the same counsel. They allege the push for an MDL is an example of “gamesmanship.” 

“Setting aside this apparent gamesmanship to shroud the existing coordination among these counsel, there is no reason that such informal coordination cannot continue to occur,” the baby food manufacturers state in their motion. 

Judges have dismissed some toxic-metal lawsuits, including a Kroger class action alleging it sold Simple Truth brand teething wafers contaminated with toxic metals.

In January 2023, a federal judge dismissed a separate class action lawsuit against Beech-Nut over claims it sold baby food containing toxic heavy metals. 

Do you believe the class actions against the baby food manufacturers should be consolidated? Let us know in the comments.

The baby food multidistrict litigation is In Re: Baby Food Marketing Sales Practices and Products Liability Litigation (No. II), Case No. 3101, in the Judicial Panel on Multidistrict Litigation. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Jury awards $60M verdict to mother in Enfamil infant death
• Recall issued for Nutramigen infant powder formula due to possible bacteria contamination
• Suffocation risk prompts baby swings recall
• Pack and play mattresses suffocation risk sparks recalls