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Plum Organics Overview:
- Who: A California judge ruled that Plum Organics must face a class action lawsuit filed by parents over its baby food.
- What: The parents allege the company failed to disclose that its baby food contains high levels of toxic metals.
- Where: The case is pending in California district court.
Plum Organics must face a class action lawsuit filed by parents that alleges the company failed to disclose that its baby food contains high levels of toxic metals, a California federal judge has ruled.
U.S. District Judge Yvonne Gonzalez Rogers rejected Plum’s motion to dismiss on all but one claim, ruling that the baby food company could fool consumers with its alleged omissions and denying Plum’s claims U.S. Food and Drug Administration (FDA)’s disclosure requirement preempted the lawsuit, Law360 reports.
“There isn’t a federal regulation that creates a conflict. I’m a big fan of transparency and if there’s some reason your clients don’t want to be transparent about what’s in their products that’s ok … but just because the FDA has been silent, does not create a preemption argument,” Gonzalez Rogers said.
The judge added that Plum had not identified specific laws or regulations that conflicted with requested disclosures.
The class action lawsuit, filed in early 2021 following a U.S. governmental subcommittee report on toxins in baby foods, alleges that Plum’s baby foods have misleading packaging that fails to disclose they contain heavy metals.
Parents claim there is “no doubt” they were unaware of the presence of toxic heavy metals in Plum’s premium baby foods and they have argued that they properly plead claims of breach of implied warranty and deception. Testing has shown high levels of arsenic and lead in the company’s baby food, the parents claim.
Matter Is ‘National Issue’ That Should Be Left Up To Federal Regulators, Plum Lawyer Says
According to Law360, Plum’s lawyer, Dale J. Giali of Mayer Brown LLP, argued the matter was a “national issue” that should be left up to federal regulators and not courts.
“How in the world can a court in a class action tackle the issues [being considered by regulators]?” he said. “I don’t understand why a court would want to do that, but how could they do that?”
However, Gonzalez Rogers countered that saying that the FDA was “very slow and it does not always do things comprehensively.”
“Again there’s no indication that the FDA will in fact address issues of disclosures and/or that it intends to do something retroactively. My focus is efficiency and I’m just not convinced,” she said.
The judge went on to say that the plaintiffs had the “stronger argument” in the case, and Plum’s counsel is “recasting” the allegations in an effort to prematurely ditch the case, Law360 reports.
The February subcommittee report spurred several toxic metal baby food class action lawsuits. Walmart is currently facing a baby food class action lawsuit that alleges the retail giant manufactures, markets and sells baby foods with high levels of cadmium, mercury, arsenic and lead.
Gerber is also facing a baby food class action lawsuit that alleges the company failed to disclose that its baby food products contain potentially dangerous levels of toxic heavy metals.
Let us know in the comments section if you have ever bought Plum Organic baby food for your baby!
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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17 thoughts onPlum Organics Must Face Class Action Alleging Toxic Baby Food
I thought I was switching to a healthier baby food for my daughter by switching fron Gerber to Plum organics. I have bought SO much Plum organics baby food!! I still have a lot of receipts to prove it! This makes me sick!
Yes I and my girlfriend have bought plum organics for our daughter from Walmart. This is outrageous and unacceptable!
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