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Plum Organics Toxic Heavy Metals Class Action Lawsuit Overview:
- Who: Parents have filed an opposition to a motion to dismiss by Plum Organics over claims the baby food manufacturer sold baby food containing toxic heavy metals.
- Why: The parents claim they have satisfied claims for injury, that their claims are not preempted by federal law and that they have standing to be granted injunctive relief.
- Where: The class action lawsuit was filed in California federal court.
Parents who filed a class action lawsuit against Plum Organics over the presence of toxic heavy metals in its baby food have filed a motion asking a California federal court to disregard the company’s bid for dismissal.
The parents claim federal law does not prevent them from claiming Plum intentionally withheld that its baby food contained toxic heavy metals despite knowing the developmental harm exposure can cause infants and toddlers.
“After hiding the truth from parents and refusing to cooperate with a governmental investigation, Plum now asks this Court to help it evade any liability for its material omissions,” they say in their opposition to Plum’s motion to dismiss.
The contamination came to light following a congressional subcommittee report released in February which revealed a number of major baby food manufacturers were selling baby foods containing toxic heavy metals.
Parents Claim They Have Satisfied All Claims To Be Granted Injunctive Relief
Parents claim there is “no doubt” they were unaware of the presence of toxic heavy metals in Plum’s premium baby foods and argue they properly plead claims of breach of implied warranty and deception.
Parents also argue they have satisfied Article III standing for claims they suffered injury, that their state law claims are not preempted and that they have standing to receive injunctive relief, according to their opposition to dismiss.
“Under Article III, there is a ‘quintessential injury-in-fact’ when the ‘plaintiffs spent money that, absent defendants’ actions, they would not have spent,’” the opposition to dismiss states.
Parents claim that they have also satisfied claims of economic injury since they say they would not have paid as much for the baby food had they known about the presence of toxic heavy metals.
The presence of heavy metals has additionally made the baby food “valueless,” the parents argue.
Plum, meanwhile, ignored claims centered around the inclusion of risk or of perchlorate in its motion to dismiss, say parents, who argue those claims should be allowed to proceed to the discovery phase. Parents further claim they themselves do not need to prove that the presence of toxic heavy metals in baby food is unsafe, citing precedent and past research by the U.S. Food and Drug Administration.
A number of class action lawsuits have been lobbied against other popular baby food manufacturers in the wake of the congressional subcommittee’s report, including Gerber, Beech-Nut and Walmart, among others.
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 Rebecca A. Peterson of Lockridge Grindal Nauen P.L.L.P and Susana Cruz Hodge of Lite DePalma Greenberg & Afanador, LLC.
The Plum Organics Toxic Heavy Metals Class Action Lawsuit is In re Plum Baby Food Litigation, Case No. 4:21-cv-00913, in the U.S. District Court for the Northern District of California.
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