Following the release of the April 8th document entitled Closer to Zero by the FDA concerning levels of heavy metal contamination in baby food, the tort bar has been characteristically active with three proposed class-action suits to be filed against major manufacturers.
Beech-Nut will be a primary plaintiff with classes that purchased baby food from October 1st 2015 in Illinois, Iowa, California, New Jersey, Minnesota, Florida and New York. Gerber will be the second plaintiff with subclasses in Connecticut, Arizona, Colorado and Texas. Plum, a subsidiary of Campbell Soup Company will be the third plaintiff. Hanes Celestial will be the subject of claims made by plaintiffs in Illinois and Idaho.
Allegations will include misleading consumers with regard to safety and quality of baby food. According to complaints that have been filed, the Defendants allegedly issued misleading statements, minimized the relevance of reports concerning heavy metals and contrived to "deflect attention away from ongoing fraud".
The complaint alleges that heavy metal contamination has harmed hundreds of thousands of American families. This allegation will be the subject of extensive argument involving aspects of childhood development, pathology and epidemiology. What can be inferred from past cases is that resolution will be years away, lawyers and experts will benefit financially and ultimately the Defendants will negotiate settlements. What is more important is that the FDA should establish standards that must be enforced to protect the health and well-being of consumers and their children.