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.
A group of baby food manufacturers asked the Judicial Panel on Multidistrict Litigation not to consolidate class action lawsuits 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, argue 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 action lawsuits 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 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 Jan. 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 claims against baby food manufacturers should be consolidated? Let us know in the comments.
The baby food heavy metals 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.
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