Baby Food Autism Lawsuit – December 2024 Update

Individuals are filing baby food lawsuits against Beech-Nut, Gerber, Hain Celestial, Nurture, Plum, Sprout, and Walmart because heavy metals in their baby food may be causing children to develop autism. These lawsuits have been consolidated into MDL# 3:24-md-3101-JSC In re: Baby Food Products Liability Litigation in the Northern District of California. As of December 2024, there are 75 lawsuits pending in the federal litigation. The presiding judge is Jacqueline Scott Corley. This lawsuit is in the early stages, and the plaintiffs and defendants are still gathering evidence and filing motions—e.g., requests for the judge to do something, like dismiss the case or prevent someone from testifying. People are continuing to file lawsuits today.

Baby Food Autism Lawsuit Timeline & News – December 2024

December 2, 2024: Multiple Defendants File Motion to Dismiss in Baby Food Autism MDL

On December 2, 2024, multiple defendants—such as Danone and Nestlé Holdings—filed motions asking the baby food autism MDL judge to dismiss the lawsuits against them. In its motion, Danone, a French company that owns Nurture, says it is not responsible for what its United States subsidiary does. Nestlé Holdings makes similar arguments, saying it manages some money for Nestlé—Gerber’s parent corporation—but it is not involved in Gerber’s other operations. The court should rule on these motions in the coming months. 

October 11, 2024: Baby Food Autism Judge Enters Order Protecting Plaintiffs’ Confidential and Sensitive Medical and Personal Information

On October 11, 2024, Judge Jacqueline Corley entered an order that protects case-related confidential and sensitive medical and personal information. During the baby food autism MDL, many documents containing identifying information about babies, children, and their loved ones will be exchanged. This protective order allows the parties and court to receive information about the case without exposing everything to the public. 

July 15, 2024: Baby Food Autism Plaintiffs File the Long-Form Master Complaint

On July 15, 2024, the plaintiffs filed a long-form master complaint in the lawsuit against baby food manufacturers. In this document, the plaintiffs outline the claims against Gerber, Hains, Nurture, Walmart, Nestlé, and others for failing to protect infants from toxic heavy metals. Plaintiffs who join the lawsuit later on can reference and sign on to this document by submitting a short-form complaint. 

May 10, 2024: Parties Submit Important Case Management Order in Baby Food Federal Lawsuit

On May 10, 2024, the parties submitted a joint case management order to summarize the current status of the overall lawsuit and the individual cases in the federal MDL. This document discusses how many lawsuits are part of the larger multidistrict case and pending in state court. Additionally, the parties suggest deadlines for discovery—when they will ask for and send out information they may use as evidence. 

April 15, 2024: Federal Baby Food Autism Multidistrict Litigation Created

On April 15, 2024, the multidistrict litigation panel created a federal MDL called MDL No. 3101, IN RE: BABY FOOD MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION (NO. II). Multiple parents and concerned advocates had filed lawsuits against baby food powerhouses like Gerber, HealthyBABY, and Earth’s Best Organics. They claimed the dangerously high levels of heavy metals in the baby food harmed their children’s developing brains.

What is the Baby Food Lawsuit About?

Concerned parents are filing lawsuits alleging that heavy metals—such as lead, arsenic, cadmium, and mercury—in baby food caused their children to develop autism and ADHD. Many of these lawsuits were combined into multidistrict litigation in federal court, and many parents continue to join in this fight as new cases are filed. 

Baby Food Autism Lawsuit Information
Lawsuit Name:	In Re: Baby Food Products Liability Litigation
Main Injuries:	Autism and ADHD
Defendants:	Beech-Nut, Gerber, Hain Celestial, Nurture, Plum, Sprout, and Walmart
Mass tort or class action?	Mass tort
MDL Number:	03101
Pending Cases:	43
Court Name (Venue):	Northern District of California
Have There Been Settlements?	No
Active Lawsuit?	Yes

Why Are People Filing Baby Food Lawsuits?

People are filing baby food lawsuits because of concerns that the heavy metals in these products impact babies’ and childrens’ developing brains. Studies suggest a link between heavy metal exposure and childhood autism spectrum disorder. A 2021 report by the House Oversight Committee revealed that at least four of seven major baby food companies sell products with dangerous levels of heavy metals. 

Parents claim that products made by Gerber, Sprout, Nurture (HappyBABY), Beech-Nut, Walmart, Campbell (Plum Organics), and Hain are responsible for harm to their children’s developing brains. For example, they claim the neurotoxins in these baby foods caused their child to experience permanent neurological damage—such as autism spectrum disorder—neurological delays, and neurodevelopmental harm. They believe these businesses knew about the risks to children and did not warn parents or change their manufacturing process to protect the public.  

Baby Food Autism Lawsuit Spotlight

A. et al. v. Hain Celestial Group, Inc. et al., Case No. 3:23-cv-06087-JSC

Vanity Vale-Ayala filed a lawsuit against Gerber, Hain, Walmart, and Beech-Nut on behalf of two minors, A.A. and M.A. She alleges the heavy metal contamination in the baby food made by these defendants caused these two children to develop autism spectrum disorder. She claims that these businesses either knew of or failed to monitor the presence of toxins like lead, mercury, and arsenic in their products. 

Vanity filed the lawsuit in the Northern District of California on November 22, 2023. In her original complaint, Vanity demands a jury trial and requests damages to compensate the children and their families for the losses they have experienced. She also asks for punitive damages to punish these corporations for failing to protect the country’s most vulnerable population members. Additionally, she requests reimbursement for the court costs and attorney’s fees she has to pay because of the misconduct of these baby food manufacturers. 

Whom Are People Baby Food Lawsuits Against?

People are filing lawsuits against several major brands that sell and make baby foods. Parents and advocates claim the high levels of toxic heavy metals in the products made by these businesses caused dozens of infants to experience neurological damage and delays, like autism spectrum disorder and ADHD. The federal, consolidated baby food lawsuit lists the following defendants:

Information for some of the defendants is listed below. Parents and advocates believe these companies either knew about or should have known about the composition of their foods. Additionally, parents and advocates believe these companies should have warned the public about their products’ severe and, in many cases, irreversible risks. These lawsuits highlight the need for rigorous safety testing and strict regulations for baby food products that can have a lifelong impact on a child’s well-being and development. 

Defendant 1: Gerber

Gerber is a well-known baby food manufacturer that was founded in 1927. Nestlé purchased Gerber in September of 2007. A 2021 governmental House Oversight Committee report found that many of the ingredients used in Gerber’s baby food had 90 parts per billion (ppb) inorganic arsenic in its rice flour, 20 to 48 ppb of lead, and between 5 and 87 ppb of cadmium. When it responded to the data request from the government, Gerber disclosed that it rarely tested for mercury at that time.

Defendant 2: Hain Celestial

Hain Celestial manufactures different types of baby and kids foods and snacks, such as those under the brand name Earth’s Best Organic and Ella’s Kitchen. In 2021, Hain reported that its finished products contained up to 129 ppb of inorganic arsenic. Some of the individual ingredients had up to 309 ppb of inorganic arsenic. 

The lead levels of many of Hain’s products reached between 20 and 352 ppb. Cadmium levels in their baby foods and ingredients were between 20 and 260 ppb. In response to a 2021 request from the United States House of Representatives, Hain said they do not test mercury levels of their products. 

Defendant 3: Beech-Nut

Beech-Nut was established in 1891 and entered the baby food manufacturing space in 1931. According to the 2021 House Oversight Committee Report, Beech-Nut tested ingredients for arsenic; however, they continued to use  ingredients even after discovering that they contained up to 913.4 ppb of inorganic arsenic. The FDA regulations at that time only allowed up to 10 ppb of inorganic arsenic in bottled drinking water. Some of the additives used by Beech-Nut had over 300 ppb of arsenic. 

Beech-Nut’s ingredients had up to 886.9 ppb of lead, and over 500 had more than 5 ppb of lead. For context, the FDA only allowed up to 5 ppb of lead in bottled drinking water. Many of Beech-Nut’s ingredients are far higher than these levels. Beech-Nut’s ingredients contained over 20 ppb of cadmium, with some reaching 344.55 ppb. The FDA’s upper limit for cadmium in bottled drinking water was 5 ppb. Beech-Nut did not test any of its products for mercury. 

Defendant 4: Nurture (HappyBABY)

Nurture—part of Happy Family Organics—was founded in 2006 and is an indirect subsidiary of Danone, a French company. Congressional reports revealed that Nurture continued to sell baby food products after testing them and discovering that they had an average of 60 ppb of inorganic arsenic. 

Likewise, Nurture sold finished baby food products containing up to 641 ppb of lead, with many of its goods containing over 10 ppb, which is twice the FDA’s limit for bottled water. Sixty-five percent of Nurture’s baby foods had over 5 ppb of cadmium, and Nurture sold products with over 10 ppb of mercury, five times the FDA’s maximum for bottled water. 

Allegations Against These Manufacturers

Parents are suing these manufacturers for failing to test for the presence of heavy metals in the baby food and individual ingredients. Parents also claim that the companies that tested their products did not take additional actions—like refusing to use contaminated ingredients—to protect infants and children from known neurotoxins. 

What Stage is the Baby Food Autism Lawsuit In?

The baby food autism lawsuit is still in the beginning stages. The MDL was first created on April 15, 2024, and new cases are being added regularly. The plaintiffs and defendants are still filing motions and resolving discovery questions. 

Discovery is the stage where each side requests and provides information about the case. For example, parents may send receipts for products and medical records showing when their babies started showing symptoms. The baby food manufacturers might send over testing data and internal policy documents about what is in the baby food products. 

Even though it is still early in the case, it is a good idea for concerned parents and loved ones to talk to a lawyer sooner rather than later. Doing so helps the parents and loved ones join the lawsuit before any applicable filing deadlines expire.

What Contaminants Are Potentially Present in Baby Food?

According to congressional reports, many of the leading baby foods on the market contain dangerously high levels of inorganic arsenic, lead, mercury, and cadmium. In 2019, a Healthy Babies Bright Futures report revealed that 95 percent of the 168 baby foods tested had toxic heavy metals. Of those tested, 159 out of 168 had at least one toxic heavy metal in them, and one in four had detectable levels of all four. Additionally, a 2021 Congressional report indicated that many manufacturers knew and actively tested for these toxins; however, they ignored the risks and sold the products regardless. 

How Do Heavy Metals End Up In Baby Food?

Heavy metals can get into baby food naturally and during the agricultural and manufacturing processes. Earth’s soil and crust contain lead, arsenic, cadmium, and mercury, so it is natural and expected for most foods—especially root vegetables—to contain traces of these substances. However, industrial processes, shoddy agricultural techniques, and contamination can increase the amount of these substances in the soil and foods. 

For example, industrial complexes and places where leaded fuel is or was used can cause lead levels to rise in the surrounding soil. Additionally, rice grown in flooded conditions can have unusually high and unhealthy levels of arsenic. To help manage the presence of heavy metals in soil, the FDA launched the Closer to Zero campaign in 2022, which created standards and modes of enforcement for agricultural methods and food processing and testing to improve food safety. 

Can Heavy Metals in Baby Food Cause Autism?

The Department of Health and Human Services classifies arsenic, lead, mercury, and cadmium as the top four most hazardous heavy metals to humans, especially children and infants. All four are neurotoxins that can impair the development of children’s brains. Studies confirm that children are most at risk from exposure to these toxins because of their size, the amount of food they eat in proportion to their body weight, and their bodies’ vulnerable developmental state. 

Contact with substances such as lead is known to negatively impact a child’s impulsivity, attention, memory, and IQ, with most changes being permanent. Researchers noted similar findings regarding arsenic, cadmium, and mercury. In 2017, research revealed that there was a higher amount of lead in the baby teeth of children with autism versus their peers without autism, suggesting a link between lead and the development of autism spectrum disorder. Moreover, studies have found that higher levels of mercury in someone’s blood correlate with worse symptoms of autism spectrum disorder. While autism is also known to have a genetic component, researchers are beginning to discover an environmental connection that can cause or trigger ASD. 

Signs and Symptoms of Autism

As explained by the National Institute of Mental Health, autism spectrum disorder (ASD) is a developmental condition that impacts someone’s ability to learn, communicate, act, and engage with others. Someone with ASD may have difficulty making eye contact, talking, engaging with others, managing emotions, and completing tasks. Additionally, they may only have a limited number of interests and discuss these repeatedly. 

Studies Linking Baby Food and Autism

Several studies link the heavy metals in baby food to a child’s development of autism. For example, Metal Profiles in Autism Spectrum Disorders: A Crosstalk between Toxic and Essential Metals explored the long history and emerging research showing the impacts of heavy metals such as lead on an infant’s development in the womb and after birth. Heavy metals like lead and mercury can pass through or damage the blood-brain barrier, damaging the delicate tissue. Mercury can also increase oxidative stress, which is a feature present in people with ASD. 

In Exposure to heavy metals in utero and autism spectrum disorder at age 3: A meta-analysis of two longitudinal cohorts of siblings of children with autism, researchers revealed that a higher level of cadmium exposure in the womb increased a child’s chance of developing autism. Additionally, Association of autism with toxic metals: A systematic review of case-control studies explored a link between higher concentrations of lead, mercury, and cadmium in the hair of children with autism versus their peers without autism. Because of the high concentration of these elements in baby food, plaintiffs and scientists believe these may be an important environmental factor causing ASD in children. 

Important Study: Occurrence and Determination of Inorganic Contaminants in Baby Food and Infant Formula

Researchers explored the content of heavy metals and other inorganic contaminants in baby food and infant formula. According to their findings, many types of food intended for infants and small children contained high amounts of inorganic arsenic, lead, mercury, and cadmium. 

The authors also noted the inconsistent and incomplete regulatory controls in place to detect and limit the amount of these toxins in baby food and infant formula. For example, when the study was released, the maximum amount of lead the FDA allowed in infant formula per day far exceeded what the State of California would allow. In conclusion, the authors encouraged additional research and clarification of regulations to safeguard the health of infants and children. 

Overview: Occurrence and Determination of Inorganic Contaminants in Baby Food and Infant Formula
Description of Study:	The study explored the levels, regulation, and health impacts of inorganic heavy metals in baby foods.
Published In:	Current Opinion in Food Science
Study Authors	Esther Lima de PaivaMarcelo Antônio MorganoAdriana Pavesi Arisseto-Bragotto
Findings	The study found that many common baby foods and infant formulas had unsafe and alarming levels of inorganic mercury, cadmium, lead, and arsenic. The researchers noted the need for additional testing, quality controls, and research to determine safe levels and the impact on infants and children.

Important Study: Association between heavy metals exposure (cadmium, lead, arsenic, mercury) and child autistic disorder: a systematic review and meta-analysis.”

Overview: Association between heavy metals exposure (cadmium, lead, arsenic, mercury) and child autistic disorder: a systematic review and meta-analysis.
Description of Study:	To investigate the association between heavy metal exposure (cadmium, lead, arsenic, mercury) and autism spectrum disorder (ASD) in children.
Published In:	July 3, 2023, in Frontiers in Pediatrics.
Study Authors	Mengmeng Ding Shanshan Shi Shuyan Qie Jinglu LiXiaoming Xi
# of Participants	5,054
Findings	The study found a significant correlation between heavy metals and ASDautism spectrum disorder in children. Children with ASD had a much higher level of cadmium, lead, mercury, and inorganic arsenic in their system than the healthy controls did.

In Association between heavy metals exposure (cadmium, lead, arsenic, mercury) and child autistic disorder: a systematic review and meta-analysis, researchers examined the link between heavy metals and ASD. The study’s authors looked at 53 case studies with a total of 5,054 participants (2,533 ASD patients, 2,521 healthy controls). They analyzed the heavy metal concentration in the blood, hair, or urine of children with autism versus children without autism in Asia, Europe, and the United States. 

According to the study’s findings, children with autism had a higher concentration of heavy metals like lead, arsenic, cadmium, and mercury in their bodies than their neurotypical counterparts. Study participants in Europe and Asia appeared to have a higher difference in heavy metal content between the healthy controls and the children with autism. Researchers noted that sources of contamination include industrial pollution, unsafe food and water, and other environmental hazards. 

Important Study: Investigating the role of food pollutants in autism spectrum disorder: a comprehensive review

Overview: Investigating the role of food pollutants in autism spectrum disorder: a comprehensive review.
Description of Study:	To explore the potential link between food pollutants and the development or exacerbation of autism spectrum disorder (ASD).
Published In:	October 28, 2024, in Naunyn-Schmiedeberg’s Archives of Pharmacology.
Study Authors	S. S. S. Al-Ayadhi and A. A. Mostafa
Findings	Researchers found a strong link between exposure to heavy metals, pesticides, and food additives and the development of autism spectrum disorder.

Investigating the role of food pollutants in autism spectrum disorder: a comprehensive review explored the relationship between a child’s environmental exposures and their development of autism spectrum disorder. Researchers found that contact with pesticides, heavy metals—like cadmium, inorganic arsenic, lead, and mercury—and food additives appeared to correlate with developing ASD in childhood. 

Additionally, researchers discovered that some of these substances can worsen ASD symptoms. The authors called for additional studies into how food contaminants may impact a child’s neurological development and cause ASD. Moreover, the authors encouraged parents and concerned loved ones to switch children to an organic diet and avoid food additives known to worsen ASD symptoms. 

Important Study: A Narrative Review of Toxic Heavy Metal Content of Infant and Toddler Foods and Evaluation of United States Policy

Overview: A Narrative Review of Toxic Heavy Metal Content of Infant and Toddler Foods and Evaluation of United States Policy
Description of Study:	To assess the prevalence of toxic heavy metals (arsenic, lead, mercury, cadmium) in infant and toddler foods and evaluate U.S. policies on mitigating exposure.
Published In:	June 27, 2022, in Frontiers in Nutrition.
Study Authors	Emily C. Bair.
Findings	The researcher discovered a concerning and well-established link between the consumption of contaminated foods by children and the development of different diseases and disorders. She urged additional research and stricter regulations to protect infants and toddlers from further harm.

In A Narrative Review of Toxic Heavy Metal Content of Infant and Toddler Foods and Evaluation of United States Policy, Emily Blair examined studies published between 1999 and 2022 that evaluated the impacts on children who eat food contaminated with lead, cadmium, mercury, and arsenic. Additionally, Emily looked at the state of regulations and oversight when it comes to what heavy metals are in food given to infants and toddlers. 

Emily’s research uncovered a concerning connection between heavy metals and neurodevelopmental delays. She also discovered a high prevalence of heavy metals—which are known to be neurotoxins—in food made for and consumed by children. Emily stressed the importance of increased oversight and regulation of what is in food given to infants and toddlers. Because of children’s body composition and the amount of food they eat in proportion to their size, they are especially vulnerable to damage from contaminated substances. 

Important Study: Association of autism with toxic metals: A systematic review of case-control studies

Overview: Association of autism with toxic metals: A systematic review of case-control studies.
Description of Study:	To evaluate the relationship between autism spectrum disorder (ASD) and exposure to various toxic metals by reviewing case-control studies.
Published In:	2021 in Pharmacology Biochemistry and Behavior.
Study Authors	Cecilia N. AmadiChinna N. OrishChiara FrazzoliOrish E. Orisakwe.
Findings	There is a strong link between the amount of toxic heavy metals in a child’s body and their likelihood of having autism spectrum disorder. The authors encourage additional research and action to reduce a child’s exposure to heavy metals.

In Association of autism with toxic metals: A systematic review of case-control studies, the study’s authors reviewed existing case-controlled studies that compared the levels of toxic metals in children with autism spectrum disorder versus their healthy peers. Their research uncovered higher concentrations of many toxic metals—including lead, arsenic, cadmium, and mercury—in the blood, red blood cells, and hair samples of children with autism spectrum disorder. 

Additionally, researchers noted a higher concentration of cadmium, lead, and mercury in the urine of children with autism spectrum disorder. The study’s authors encouraged people to decrease the amount of heavy metals that children are exposed to. 

What Brands of Baby Foods Are Contaminated?

According to regulatory reports, many popular and trusted baby food brands have unsafe levels of heavy metals in their products. Brands that are contaminated or have a history of contamination include:

Many of these companies did not test for heavy metals, or, if they did, they routinely green-lighted many ingredients and finished products with levels over 100 times the FDA’s limits for bottled water at that time. Until the FDA launched its Closer to Zero campaign in 2022, many of these companies had may have had reckless policies that allowed what many consider indefensibly high levels of toxins in the food. 

How Can Parents Protect Children From Contaminants in Baby Food?

Parents can help protect their children’s developing brains in several ways. The first is to do updated research to learn about what they are feeding their children, the current risks for the product, and new guidance on serving size and daily intake. Because children are smaller but eat a large amount of food in proportion to their bodies, they are more susceptible to harm from ingested items. Additionally, how their bodies metabolize foods puts them at greater risk of injury from even trace amounts of heavy metals and other toxins.

Parents can also take steps to vary their children’s food choices and swap out unhealthy or potentially problematic items with safer alternatives. For example, parents can give their children frozen bananas or chilled cucumber slices to help with teething rather than feeding them teething biscuits. Likewise, parents can choose rice-free snacks rather than rice snacks, which can contain dangerous levels of inorganic arsenic. 

About the Congressional Report on Toxic Baby Food

In response to a 2019 report published by Healthy Babies Bright Futures, the United States House of Representatives launched an investigation into the presence of heavy metals in commercial baby food brands. The 2021 report uncovered unnerving truths about the extremely high levels of inorganic arsenic, lead, mercury, and cadmium in products consumed by infants and small children. 

For example, products contain up to 913.4 ppb of inorganic arsenic, far exceeding the FDA’s 10 ppb maximum for bottled water. Perhaps most concerning was that only one of the companies that responded said they even tested for mercury, a known neurotoxin.

In this report, the Oversight Committee requested data from seven companies: Nurture, Hain’s Celestial, Walmart (Plum Organics), Gerber, Beech-Nut, Campbell, and Sprout. Only four companies responded to this request: Nurture, Hain’s Celestial, Gerber, and Beech-Nut. The remaining three companies ignored the Committee’s request. 

Specific Types of Baby Food Cited in Consumer Reports’ Study 

Consumer Reports’ 2023 study revisited concerns raised in previous reports and provided updated recommendations. Consumer Reports tested 14 baby products, including fruits, meats, vegetables, snacks, and main courses. According to their findings, mild improvements were offset by persistent or worsened quality of some foods. 

To help parents make healthy food choices for their children, Consumer Reports offered guidance on what parents can feed their children and how often. For example, they recommended that parents feed their babies less than three servings of Gerber’s “Natural for Baby, Pear Carrot Pea” baby food per day. Likewise, they said parents should limit their child’s daily intake of Earth’s Best Organics “Spinach Lentil Brown Rice Veggie & Protein Puree” blend to less than two servings. 

List of Possibly Toxic Baby Foods in 2024

Of the fourteen baby food products tested by Consumer Reports, all fourteen contained some levels of heavy metal like inorganic arsenic, cadmium, and lead. Possibly toxic baby foods they identified include the following:

• Gerber Turkey Rice Dinner
• Gerber Sweet Potato Turkey with Whole Grains Dinner
• Gerber Chicken Rice Dinner
• Beech-Nut Naturals, Sweet Potato
• Earth’s Best Organic Sweet Potato, Squash & Chicken
• Gerber Natural for Baby Veggiepower, Pea Carrot Spinach
• Happy Baby Organics Superfood Puffs, Purple Carrot & Blueberry

Consumer Reports gave specific maximum daily limits for each product listed above and for others included in the report. They stress the importance of monitoring what a child eats and being mindful of how small exposures can add up throughout the day, week, and month. These exposures may increase the child’s risk of developing autism, ADHD, lower IQ potential, and other negative impacts. 

What Damages Can People Sue Baby Food Manufacturers For?

Parents who sue negligent baby food manufacturers for harming their children may receive a range of damages if they win their lawsuit. Compensation could include medical expenses to address physical injuries and services like speech, physical, and behavioral therapy. Additionally, parents may receive funds to cover past and future anticipated costs for these and other services. 

If the child has a reduced earnings potential because of a lifelong disability, the child may be able to receive funds to compensate for this. Parents may also recoup the out-of-pocket costs for transportation, home modifications, assistive devices, prescriptions, and diagnostic tests. Likewise, parents may qualify to receive reimbursement for their legal fees. 

Who Qualifies to File a Baby Food Autism Lawsuit?

Each person must meet certain eligibility requirements to file a baby food lawsuit. Our legal partners are focusing on the specific injuries listed below:

• The child must have been diagnosed with autism before they turned 14.
• The child must have consumed specific brands of baby foods for at least six months.
• The parents must prove what retailer they purchased the baby food from.

Additionally, the parent must have medical records showing who diagnosed their child with autism, when, and what symptoms the diagnosis was based on. Specific brands of baby foods that may be part of this lawsuit include:

• Beech-Nut
• Gerber
• Parent’s Choice Food Products (Walmart)
• Earth’s Best Organic Food Products (Hain Celestial)
• Sprout Organic Food
• Plum Organics
• HappyFAMILY, HappyBABY (Nurture Inc.)

These brands were explicitly named in the 2021 Congressional Report as having unsafe lead, mercury, arsenic, and cadmium levels in their ingredients and finished baby food products. 

What Makes Someone Ineligible to File a Baby Food Lawsuit?

Not everyone is eligible to file a baby food lawsuit. For example, children may not be eligible if they were born before 37 weeks, weighed less than 5.5 lbs at birth, were born before 2007, or were diagnosed with autism after age 14. Additionally, if the child did not consume the named types of baby foods for at least six months as an infant, they may be ineligible to sue. 

Other disqualifying factors include involvement in prior, related litigation, such as the lawsuit involving Tylenol and ADHD. Moreover, children may not qualify for compensation from this lawsuit if their mother had certain conditions—like diabetes—or used specific substances—like cocaine or cigarettes—during pregnancy. 

What Proof Do You Need to File a Baby Food Lawsuit?

To file a baby food autism lawsuit, you need to have supporting evidence that your child meets the legal criteria named above. For example, you should have proof—like receipts, food diaries, and medical records—showing that your baby consumed contaminated baby foods for at least six months and suffered health consequences because of it. You should also have information about their symptoms and tests performed to identify and diagnose your child with autism.

Specific Evidence To Collect For A Baby Food Lawsuit

Specific evidence you may need to collect to support your baby food lawsuit include the following:

• Receipts, bank statements, or proofs of purchases to show that you bought the contaminated baby food product. 
• Product labels and packaging that prove the brand and ingredients of the foods your baby consumed
• Details about your child’s developmental milestones and any they missed
• Medical history of your child, including symptoms, diagnoses, and tests performed for autism spectrum disorder
• Food diaries explaining what your child ate throughout their life

Additionally, you may want to gather information about your family history and genetic testing to see if there is a genetic or familial component to your child’s autism spectrum disorder. 

9 Steps to File a Baby Food Autism Lawsuit

The first step of filing a lawsuit involves consulting with a trained attorney to determine your eligibility for compensation. They can help you gather critical evidence—like receipts, medical records, diagnostic information, and food diaries—to prove that you can bring a claim against those who harmed your child. The lawyer can also research the statute of limitations—filing deadline—and help you take steps and submit the appropriate legal documents to meet this. 

These are the nine steps for filing a baby food autism lawsuit:

1. Confirm your eligibility
2. Consult a trained lawyer
3. Gather and prepare the necessary documentation
4. File the lawsuit
5. Discovery phase
6. Settlement negotiations
7. Trial 
8. Post-trial 
9. Monitor health and follow-up

The first step of the lawsuit is to confirm your eligibility by ensuring that your child has a diagnosis of autism spectrum disorder and consumed contaminated baby food for at least six months. The next step is to talk to a seasoned attorney who regularly handles product liability cases against baby food manufacturers or other companies selling or making foods with heavy metals. 

Next, you should gather and prepare the necessary materials to prove your case, including medical records proving that your child received an autism spectrum disorder diagnosis before they turned 14. Additionally, you might want tangible evidence like receipts, purchase records, and packaging to prove that your baby consumed contaminated products. Once you have this information, you are ready to file your lawsuit, which involves preparing and submitting a legal complaint within the applicable filing deadline. 

After you begin the court case, you and the opposing side would exchange evidence and interview witnesses as part of the discovery process. At this stage, you seek information to prove your arguments or disprove the other side’s arguments. Once you have enough evidence, you may negotiate a settlement to try to resolve the dispute outside of court versus going to trial. Your attorney can help you determine if the settlement is fair and just. 

If you cannot settle outside of court, you may resolve the case by holding a formal trial before a judge or jury. At the trial, you and the opposing side present evidence, interview witnesses, and explain legal arguments. At the end of the trial, the judge or jury decides who wins the case. You may qualify to file an appeal if you do not receive a favorable outcome. Throughout the lawsuit, continue to monitor your child’s health and ensure that they receive whatever treatment you think is best for their condition. 

What to Expect When Filing a Baby Food Lawsuit

When filing a lawsuit, keep in mind that there are no guarantees or set timelines for how long the case will take. Your case may involve complex factors and laws that require additional time to settle. Additionally, the outcome you may receive depends on various factors, including the severity of your child’s condition, whether the case was filed before the deadline, and the overall strength of your legal arguments and evidence. 

What is the Deadline for Filing a Baby Food Lawsuit?

The deadline to file a baby food lawsuit can change depending on the state you are filing in, when you discovered your child’s injuries, and other factors. Additionally, many states have exceptions to the regular product liability filing deadlines. Some exceptions may allow minors to bring legal claims past the ordinary time restriction—which may span several years after the injury-causing event. Because of this, children may have several years after they turn 18 to file a claim. 

It is essential for parents to talk about the case and filing deadlines with a reputable and knowledgeable attorney. These laws change frequently and are heavily dependent on the specific facts of an individual case. A lawyer can provide personalized recommendations and legal help so the parent and child have less chance of missing out on vital compensation. 

Baby Food Settlements and Awards

Some baby food settlements may reach up to $500,000 to $1.5 million. However, it depends on many factors, such as the strength of the evidence and legal claims against the baby food manufacturer in that specific lawsuit. Additionally, the severity of the child’s autism symptoms and how their disorder impacts their ability to function can affect the settlement amount. 

Factors Affecting the Value of a Baby Food Lawsuit

Factors that can impact someone’s final settlement include the severity of the child’s autism symptoms and how these affect their quality of life. For example, a child who cannot hold a job or live independently may be eligible to receive a higher damages award if they meet other criteria. Likewise, strong evidence of the baby food manufacturer’s misconduct may result in a higher payout. 

Learn More About This Lawsuit From Our Legal Team

If you believe your child’s autism was caused by heavy metals in baby food, reach out to a knowledgeable lawyer on our team. Like many other parents worldwide, you may have trusted well-known companies like Gerber, Parent’s Choice, Hain’s, Earth’s Best Organics, and Sprouts to provide high-quality and uncontaminated foods to your baby. But, these companies may have engaged in careless and reckless practices that put your child and others at risk of getting hurt from known neurotoxins like lead, mercury, inorganic arsenic, and cadmium.  

Reach out to our dedicated legal team today to discuss your concerns and what compensation may be available to you and your baby for their losses. We have gone up against powerhouse corporations in the past and won. We welcome the chance to fight for you and your loved ones to help you secure a just resolution so you can move forward and begin to heal. Contact our office today to schedule a no-obligation consultation.

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