The Toxic Baby Food Lawsuit
In February 2023, a U.S. House of Representatives report revealed that the concentration of heavy metals in certain baby foods is multiple times higher than what’s deemed safe by the Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA).
The report, which is supported by the WHO, also identified several popular baby foods that were tainted by dangerously high levels of heavy metals, like arsenic, lead, mercury, and cadmium. These materials have been linked to developmental disorders in children, including autism and ADHD.
Justice for Baby Food-Related Autism & Severe ADHD
Several early-stage lawsuits have been filed, alleging that exposure to these heavy metals contributed to the development of autism spectrum disorder (ASD) and other conditions in children across the country. Victims may be entitled to significant compensation for the harm inflicted. If you believe your child qualifies, call 212-490-5700 for a free evaluation.
At Hecht, Kleeger & Damashek, P.C., our legal team is committed to helping families impacted by toxic baby food. With a record of hundreds of millions of dollars recovered and holding negligent companies accountable, let’s fight for your child’s rights together.
To qualify for a potential lawsuit, the child must have been born at or after the 28th week of pregnancy, ensuring they were in their 7th month of gestation or later. At the time of birth, the child’ mother must have been under 45 and the father under 50. The child must have received a diagnosis of ADHD or autism spectrum disorder before the age of 6 and be currently under 18 years old.
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What Baby Foods Contain Heavy Metals?
The toxic baby food lawsuit involves several major baby food manufacturers who allegedly sold products containing harmful heavy metals. These baby food products include rice cakes, rice cereal, teething biscuits, and purees, amongst others, from the following baby food companies:
- Happy Family Organics
- Gerber
- Hain Celestial (Earth’s Best Organic)
- Beech-Nut
- Plum Organics
- Walmart (Parent’s Choice)
- Sprout Organic Food
- Arsenic has been linked to cancers of the bladder, skin, and lungs, as well as nervous system damage and cognitive deficits.
- Lead is known to cause brain damage, attention deficits, behavioral issues, kidney damage, anemia, and physical weakness.
- Cadmium has been associated with learning disabilities, bone diseases, kidney damage, heart problems, and carcinogenic effects.
- Mercury exposure damages the nervous system, liver, and kidneys and contributes to cardiovascular disease, vision problems, and memory impairment.
The lawsuit claims these companies knew their products were tainted with harmful materials and failed to act, resulting in neurodevelopmental harm in a still-to-be-determined number of children.
If your child consumed one or more of these baby food brands for at least one year and developed ASD, ADHD, or a related health condition, you might be eligible for financial restitution.
The Dangers of Heavy Metals in Baby Food
Even low levels of heavy metals can cause irreparable damage to neurological development in children. So, consuming elevated levels of heavy metals, such as lead and mercury, can severely impact the developing brain and an individual’s overall health.
Severe ADHD & Autism Linked to Tainted Baby Food
Lead and other heavy metals can also lead to serious behavioral problems such as ADHD, impaired attention, and autism. There’s also a risk of reduced executive function and a predisposition to antisocial behavior.
ASD encompasses a range of developmental disorders that affect perception and social interaction, with challenges in speech, learning, and social skills. While the exact causes of autism and ADHD are still unknown, risk factors like exposure to heavy metals, low birth weight, having an autistic family member, and certain genetic conditions are considered contributory.
Evidence suggests that early exposure to neurotoxicants such as mercury, lead, and arsenic found in some baby foods may increase the risk of developing autism, ADHD, dyslexia, and other cognitive disorders.
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Join the Toxic Baby Food Lawsuit
Lawsuits against Gerber, Plum Organic, and other baby food makers focus on whether these companies were aware their products contained excessive amounts of heavy metals yet chose not to disclose this information to consumers. The plaintiffs argue that the companies neglected to inform the public about the presence of toxic substances and the associated health dangers.
For parents worried about the impact of potentially unsafe baby food on their children, it’s advised to first consult with a healthcare professional. Then, speak with our knowledgeable attorneys about your legal options and potential for compensation.
HKD is passionate about holding companies accountable for the harm they cause. We’ve helped families recover hundreds of millions of dollars over the years, including $25,000,000 in a Hazardous Chemical Exposure Case.
The Current Status of the Baby Food Lawsuit
As of January 2024, the Second Circuit Court of Appeals revived a lawsuit against Beech-Nut Nutrition Company and ruled against dismissing consumer claims. This decision came after recognizing that waiting for the FDA to set limits on toxic metals in baby foods—following their stalled “Closer to Zero” plan—would lead to extensive and unnecessary delays.
By vacating the lower court’s dismissal, the appellate court’s action reopens the path for litigation to continue, which is seen as a pivotal step in building the framework for upcoming baby food autism-related lawsuits.
Contact Hecht, Kleeger & Damashek, P.C. to discuss your eligibility in a free, no-risk consultation.
Did Toxic Baby Food Harm Your Child?
At HKD, we are dedicating our resources and experience to representing families affected by toxic baby food and dealing with the life-long implications of an autism or ADHD diagnosis. Our experienced product liability attorneys are prepared to hold these corporations accountable for compromising your child’s health and future.
Why HKD?
- A Proven Track Record: Recovered over $750 million for clients in various personal injury cases, including complex class action litigations.
- Client-First Approach: We prioritize your family’s needs and well-being, offering personalized legal support at every step.
- Aggressive Representation: We fight relentlessly to get the justice and compensation your family deserves.
- No Fees Unless We Win: Our commitment is to your success. We only get paid if we secure compensation for you.
If your child has been diagnosed with a severe developmental disorder after consuming baby food products manufactured by Happy Family Organics, Gerber, Earth’s Best Organic, Beech-Nut, Plum Organics, Parent’s Choice (Walmart), or Sprout Organic Food reach out to HKD. We are ready to evaluate your case and discuss potential legal action.
Toxic Baby Food FAQs
What Are the Signs of Autism Linked to Toxic Baby Food?
The signs of autism that might be linked to baby food typically include a regression in development, particularly in communication and social interaction skills. Parents might notice a loss of previously acquired speech, reduced eye contact, a lack of interest in social engagements, repetitive behaviors, or an increased focus on specific toys or objects.
If such signs emerge after normal development, especially after consuming the baby foods in question, it may warrant further investigation.
How Do I Know if Autism or ADHD is Caused by Toxic Baby Food?
The potential link between tainted baby foods and autism or ADHD is often observed when a typically developing child shows signs around 1.5 to 2 years of age. Regular consumption of the implicated baby food and a formal diagnosis of Autism or ASD are also factors in considering a possible connection.
What Resources Are Available for Parents?
If your child has been diagnosed with autism or ADHD and you suspect heavy-metal latent baby food contributed to their diagnosis, here are some resources you may find helpful:
- The American Academy of Pediatrics (AAP)
- The Autism Society of America
- The Centers for Disease Control and Prevention (CDC)
- White v. Beech-Nut Nutrition Co., 23-220-cv (2d Cir. Jan. 18, 2024)
When Should I Talk to a Lawyer?
Act swiftly if your child has been diagnosed with autism or another health issue after consuming these baby foods. The time frame to file a legal claim is limited, and with ongoing cases, it’s essential to determine your eligibility soon. Contact HKD today for a free evaluation to help determine your eligibility.
What Compensation Can I Recover?
In a toxic baby food class action lawsuit, recoverable compensation may encompass medical and therapy costs, caregiving expenses, lost wages, and pain and suffering. Additionally, punitive damages may be awarded. Each case varies, so consulting with a lawyer is essential to understand the specific compensation you may be entitled to.
Will My Case Go to Trial or Settle?
Most class actions are resolved via a negotiated settlement, as manufacturers often seek to avoid the expenses and risks of trials. However, cases prepared for the courtroom typically yield more favorable results as it allows for stronger arguments and more compelling evidence.
Can I Pursue Legal Action If I Can’t Afford a Lawyer?
Yes. HKD is committed to assisting all families affected by the harm related to toxic baby food. Our services are contingency-based, meaning we only charge if we win your case.