JEFFERSON CITY — A child with autism, through his grandmother, is suing Gerber and other baby food makers in a class-action federal lawsuit alleging heavy metal toxicity in baby food is causing children to suffer autism.
The case revolves around the alleged harm inflicted on a child due to consuming baby food contaminated with toxic heavy metals, namely lead, arsenic and mercury according to a complaint filed in U.S. District Court for the Western District of Missouri.
The plaintiff, T.F., a child suffering from a lifelong brain injury, including autism spectrum disorder (ASD), through his grandmother, Toiyanna Boyd, attributes his condition to the consumption of tainted baby food products manufactured and/or sold by Gerber Products Company, Nestle S.A., Beech-Nut Nutrition Company Inc, and Walmart Inc.
The defendants are accused of knowingly selling baby foods containing dangerous levels of toxic heavy metals, despite internal knowledge of the contamination, the complaint states.
The complaint notes a U.S. Congressional investigation revealing significant levels of toxic heavy metals in various commercial baby food products, far exceeding regulatory standards.
The plaintiff claims the defendants also allegedly set internal limits for metal content but routinely disregarded these limits, putting profits over consumer safety.
Independent reports, including one from the Happy Babies Bright Futures alliance, corroborate the presence of toxic heavy metals in baby foods, emphasizing the alarming extent of contamination across various products.
"Defendants’ malicious recklessness and callous disregard for human life has wreaked havoc on the health of countless vulnerable children, all so that Defendants could maximize profits while deliberately misleading parents regarding the safety of their Baby Foods," the complaint states. "Accordingly, this lawsuit will not only ensure that Plaintiff is duly compensated for his tragic injuries and Defendants punished, but that future generations are protected from the poisonous products that Defendants pander as 'food.'"
Regulatory agencies like the FDA have also identified heavy metal presence in baby foods but have failed to set enforceable limits for most contaminants.
The plaintiff claims the dangers posed by toxic heavy metals, particularly to infants and children, are well-established by global scientific consensus.
Even low levels of exposure can lead to devastating health outcomes, including neurodevelopmental disorders like ASD, according to the suit.
Numerous studies worldwide have linked exposure to heavy metals in early life with brain injury and ASD, the complaint states
The plaintiff claims the defendants are accused of willfully disregarding these risks, failing to conduct adequate testing or warn consumers about the dangers posed by their products.
Despite being aware of safer alternatives, the defendants allegedly continued to sell contaminated baby foods, misleading consumers with claims of safety and adherence to strict standards, according to the suit.
The plaintiff claims the defendants' actions are reckless, oppressive and malicious, targeting vulnerable infants and children for profit.
The plaintiff is seeking compensatory and punitive damages. He is represented by Thomas P. Cartlmell, Diane K. Watkins and Zachary E. Galyon of Wagstaff & Cartmell; and Aimee H. Wagstaff and Madelein Clavier of Wagstaff Law Firm.
Attorneys for the plaintiff declined to comment further on the case.
U.S. District Court for the Western District of Missouri case number: 4:24-cv-0201