KANSAS CITY — A parent is suing Gerber and others claiming baby foods have high levels of heavy metals in them.
H.N., through his mother, Geraldine Nji, alleges Gerber Products Company, Nestle S.A., Beech-Nut Nutrition Compay, Walmart, Plum, Campbell Soup Company and Does 1 through 10 should all be held accountable for their actions and ensure that future generations are protected from the harmful effects of toxic heavy metals in baby foods, according to a complaint filed in U.S. District Court for the Western District of Missouri.
Nji claims the multiple manufacturers and sellers of baby food products knowingly sold baby food products containing dangerous levels of toxic heavy metals, namely lead, arsenic and mercury, which are known to be severe neurotoxins.
Nji's child is autistic and she alleges that consuming these contaminated baby foods as an infant contributed substantially to his condition.
The issue gained widespread attention following a Congressional investigation in February 2021, which revealed alarming levels of toxic heavy metals in baby foods sold by the defendants, according to the suit.
The investigation found that these companies knowingly sold tainted products to unsuspecting parents, despite internal standards and test results indicating the presence of toxic metals.
Beech-Nut even recalled one of its products due to dangerous levels of arsenic, according to the suit.
The contamination is attributed to various factors, including the ingredients used, inflated internal limits, disregard for regulatory standards and failure to test finished products before distribution.
Nji claims concerns about toxic heavy metals in baby foods were further supported by reports from nonprofit organizations and scientific studies.
Happy Babies Bright Futures reported that 95% of baby foods tested were contaminated with arsenic, lead, cadmium and mercury, with certain products manufactured by the defendants being particularly high in these toxic metals. The U.S. Food and Drug Administration also detected toxic metals in a significant portion of baby food samples tested.
Nji claims the Congressional investigation provided detailed findings on the contamination levels in the defendants' baby food products.
Nestle and Gerber, for instance, used high-arsenic ingredients and exceeded internal limits for arsenic and lead.
Beech-Nut recalled its rice cereal due to high arsenic levels and also had high levels of lead and cadmium in its products.
Walmart's Parent's Choice brand was found to contain arsenic, lead, cadmium and mercury.
Campbell and Plum's response to the investigation was deemed insufficient, and independent testing confirmed elevated levels of toxic metals in their products as well.
These metal concentrations far exceed regulatory limits, with some products containing levels multiple times higher than the permissible thresholds set by regulatory agencies, according to the suit.
Furthermore, the defendants allegedly failed to adequately test their products for toxic heavy metals and continued to sell contaminated baby foods despite being aware of the risks posed to children's health.
Nji claims the dangers of toxic heavy metals to children's health are well-documented by organizations like the World Health Organization and the FDA, which have acknowledged the adverse neurological effects of lead and arsenic exposure in infants.
Despite this knowledge, the defendants allegedly neglected to conduct comprehensive tests or analyses to assess the potential health risks associated with their contaminated baby food products, according to the suit.
Nji is seeking compensatory and punitive damages. She is represented by Thomas P. Cartmell, Diane K. Watkins and Zachery E. Galyon of Wagstaff & Cartmell in Kansas City; Kimberly J. Channick and William L. Smith of Walsh Law in Marina del Rey, Calif.; and Alexadra M. Walsh of Walsh Law in Washington, D.C.
Attorneys for the plaintiff declined to comment on the case.
U.S. District Court for the Western District of Missouri case number: 4:23-cv-00942