Judge Transfers Gerber Toxic Metal Baby Food Lawsuit to Virginia

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Gerber Toxic Metals Baby Food Class Action Lawsuit Overview: 

• Who: Michelle and Kermit McCoy filed a class action lawsuit against Gerber and Nestle, saying their baby food products contain heavy toxic metals. 
• Why: Judge Michael W. Fitzgerald approved transferring the suit from California to Virginia.
• Where: The lawsuit will proceed in the United States District Court for the Eastern District of Virginia.

Judge Michael W. Fitzgerald approved transferring a class action lawsuit accusing Gerber baby food of containing heavy toxic metals from the U.S. District Court for the Central District of California, Western Division Los Angeles, to the United States District Court for the Eastern District of Virginia.

The court found “good cause” to transfer the action, according to the order granting the transfer. 

The plaintiffs claim Gerber Products Company, a subsidiary of Nestle Healthcare Nutrition, Inc., market their products as “nutritional and healthy.” However, they say the products’ disclosure statements omit that the products contain toxic heavy metals, such as lead, arsenic cadmium and mercury, that exceed Food and Drug Administration standards. Gerber, along with Walmart and multiple other baby food producers, was implicated in an investigative report released in February by the Subcommittee on Economic and Consumer Policy Committee on Oversight and Reform of the US House of Representatives.

“By omitting the fact that the products contain one or more heavy toxic metals, defendants are able to mislead and deceive consumers that the products are nutritional and healthy,” the lawsuit states. “Consequently, consumers are misled by defendants’ marketing, labeling and advertising to believe that the products are nutritional and healthy.”

The plaintiffs bring this action individually and on behalf of those similarly situated who reside in California. Plaintiffs seek damages, interest thereon, reasonable attorneys fees and costs, restitution, disgorgement of all benefits defendants have enjoyed from their unlawful and deceptive business practices and other equitable relief. Additionally, the plaintiffs seek injunctive relief to stop the defendants’ unlawful conduct in the labeling and marketing of their products. 

In October, Gerber faced a similar lawsuit regarding heavy toxic metals in its baby food. 

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 Joshua D Boxer, Matthew John Matern, Mikael Hans Stahle and Scott Ashford Brooks of Matern Law Group PC.

The Gerber Toxic Metals Baby Food Class Action Lawsuit is Michelle McCoy et al v. Gerber Products Company et al., Case No. 1:21-cv-01277-AJT-TCB, in the United States District Court for the Eastern District of Virginia.

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