Gerber Baby Food Lawsuit – December 2024 Update

The Gerber Baby Food Lawsuit Is An Active Lawsuit

See If You Qualify!

People are filing lawsuits against Gerber Products Company alleging its baby foods contained dangerous amounts of heavy metals, which led to developmental issues in babies and children. Plaintiffs in these lawsuits allege that some Gerber products exposed their children to toxins, leading to significant brain injuries and diagnoses such as autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD). Many of these lawsuits have been consolidated into a multidistrict litigation called In re: Baby Food Products Liability Litigation (MDL 3101) Parents and guardians are continuing to file lawsuits against Gerber as they realize contaminants in baby and toddler foods may have caused brain injuries in their children. 

Gerber Lawsuit 2024 Updates

December 26, 2024: Gerber Does Not Share What Heavy Metals It Tests Baby Foods For 

On an FAQ page on Gerber’s website, the company tells consumers it has rigorous testing standards and that it tests baby foods for heavy metals at ISO-certified labs. However, Gerber does not disclose what heavy metals it tests for in their baby and toddler foods. Not disclosing this information is part of a broader pattern in how baby food companies do not disclose important information to consumers. Parents cannot be sure what heavy metals may be present in the babies’ foods, because Gerber and other companies do not share information on specific tests and the amounts of heavy metals in baby foods. This lack of transparency has led many parents to file lawsuits against Gerber alleging that high amounts of heavy metals have caused developmental disabilities like autism in their children.

December 23, 2024: More Lawsuits Filed Against Geber and Other Baby Food Manufacturers

The baby food multidistrict lawsuit is continuing to grow as more people realize contaminants in baby and toddler food products may have led to developmental diagnoses in their children. As December, there are 75 pending lawsuits against Gerber and other manufacturers in MDL 3101, which is the consolidated federal lawsuit about contaminated baby food. It is expected that many more parents and guardians will file lawsuits against baby food manufacturers throughout 2025.

November 5, 2024: Joint Statement Filed in Baby Food Products Liability MDL

A Joint Statement has been filed in the Baby Food Products Liability MDL. The statement comes ahead of the case management conference scheduled for November 7, 2024. According to the court document, each party made a preservation statement, and discovery dates were set. Expert reports are due in December and January, with 702 motions expected to start in April 2025.

October 31, 2024: Number of Cases in the Baby Food Products Liability MDL Grows to 52

The number of cases in MDL#: 3101 – In Re: Baby Food Products Liability Litigation has grown to 52. The litigation is in its early stages, with additional cases expected to be added in the coming weeks and months. 

September 30, 2024: Investigation Finds 95% of Baby Food Products Contain Toxic Heavy Metals

A study published by Healthy Babies Bright Futures found that 95% of baby food products tested contained dangerous toxic heavy metals, including arsenic, lead, cadmium, and mercury. These neurotoxins have been linked with developmental delays and behavioral problems due to their effect on the brain. 

September 16, 2024: FDA Issues Target Dates for Final Guidance on Toxic Metals in Baby Food Products

As part of its “Closer to Zero” campaign, the U.S. Food and Drug Administration announced target dates for final guidance on toxic metals in baby food products. The regulatory agency announced a December 2024 target date for final guidance on lead in baby food and draft guidance for arsenic. 

September 1, 2024: State Cases Progressing Towards Trial

While the federal MDL pending in the Northern District of California is in its early stages, with parties gathering and exchanging information, some state court lawsuits have progressed significantly. Trials in these cases are expected to begin in January 2025 and should give some indication of how similar lawsuits may be resolved.

About the Gerber Baby Food Lawsuit:

About the Gerber Baby Food Lawsuit

Parents nationwide have filed lawsuits on behalf of their children, alleging that popular baby food products made by Gerber contained dangerous levels of toxic heavy metals like arsenic, lead, cadmium, and mercury. These toxins have been linked to several permanent neurodevelopmental disorders, including autism and ADHD. Gerber, one of the leading manufacturers of baby food products in the U.S., has been named in these lawsuits. Court documents allege the company failed to warn consumers about the risks associated with their products and were negligent.

A congressional report released by a U.S. House of Representatives Subcommittee on February 4, 2021, found dangerously high levels of heavy metals in commercial baby foods from Gerber and other manufacturers. The report raised public health concerns about the neurological impacts of these toxins on infants and toddlers. Gerber denies they are responsible for these contaminations, attributing the presence of these heavy metals to natural sources in soil and water. 

Parents of children diagnosed with autism after eating Gerber baby foods are encouraged to consult with an attorney well-versed in product liability to determine their legal options. As research continues to shed light on the danger of heavy metals in baby foods, parents should stay informed on product safety and seek advice from a pediatrician on how to mitigate risks.

Gerber Baby Food Insights From the 2021 Congressional Report

According to the 2021 congressional report, internal testing submitted by Gerber found high levels of toxic metals in their commercial baby food products. However, it is believed that even these amounts may be a substantial underestimation of the actual toxic metal levels in these products since Gerber primarily tested raw ingredients rather than the finished item. 

Toxic Metal Levels Found in Gerber Baby Food Products

Many Gerber products designed for babies and children were found to contain high levels of heavy metals and other toxins. Gerber products that contained contaminants include juices, purees, pouches, cereals, and teething biscuits. Many of these products had levels that were higher than what is allowable in foods designed for adults. Some of the contaminants found in Gerber baby and toddler foods include:

• Arsenic: 67 batches of rice flour tested had over 90 parts per billion (ppb) of inorganic arsenic.
• Lead: Some ingredients tested as high as 48 ppb; many contained over 20 ppb of lead.
• Cadmium: 75% of Gerber carrots contained cadmium levels in excess of 5 ppb, with some as high as 87 ppb.
• Mercury: Despite its toxicity, Gerber admitted to rarely testing its baby food for mercury.

The testing found that toxic metals exceeded internal safety thresholds in some cases, including the amount of arsenic in its rice flour products. The findings led to demands for stricter regulations and highlighted the need for comprehensive testing at all production stages to protect the health of infants and children.

Heavy Metals Found in Gerber Baby Food

In multiple studies, including a 2021 congressional report, toxic levels of heavy metals have been identified in baby foods. These metals occur naturally in the environment but can also be increased by human activities. Some metals are absorbed by plants from soil and water, while other metals may be introduced during the manufacturing process. Heavy metals are known to cause a number of developmental and behavioral disorders, particularly when consumed by young children and infants. 

Heavy metals identified in Gerber baby food products:

• Arsenic
• Lead
• Cadmium
• Mercury

At the request of a Congressional subcommittee, Gerber provided records of internal testing of its baby and toddler products for heavy metals. The company acknowledged the high levels of arsenic, lead, and cadmium in their products and has made claims to implement measures to minimize these levels. The company does not regularly test for mercury despite its potential harmful effects. 

Arsenic

According to the Department of Health and Human Services’ Agency for Toxic Substances and Disease Registry (ATSDR), arsenic poses significant risks to human health, especially to babies and young children. Potential side effects of arsenic exposure include respiratory and gastrointestinal issues, damage to the central nervous system, and a negative impact on cognitive development in children.

Studies about arsenic in baby food:

• Healthy Babies Bright Futures: A 2019 study by Healthy Babies Bright Futures found that 95% of baby foods tested contained toxic heavy metals, including arsenic and lead. Arsenic alone was found in 73% of baby foods and was particularly prevalent in rice-based foods because they absorb 10x more arsenic compared to other types of grains.
• Consumer Reports: A 2023 Consumer Reports study found that while arsenic levels in baby food are decreasing, the overall risk remains significant. The study also found that while arsenic levels may have dropped in some products, other heavy metals levels increased. For instance, in the Gerber Chicken Rice Dinner tested by the advocacy group, the amount of arsenic detected decreased by 22%, but lead was now detected.

Many of Gerber’s baby foods contain products that are known to have high levels of arsenic, including rice, apples, grapes, and root vegetables. In addition to rice-based products, parents should research apple and grape juices, which may exceed recommended arsenic limits, and root vegetables that were grown in contaminated soil.

Lead

Lead exposure is harmful to everyone, particularly children under the age of six. According to the Centers for Disease Control and Prevention (CDC), lead may be more dangerous to young children because they are still developing. Even small doses of lead can cause developmental delays and cognitive impairment. In some instances, the effect may be permanent.

The 2019 Healthy Babies Bright Futures study detected lead in 94% of baby foods they tested. Lead levels exceeding the FDA-proposed action levels were detected in fruit juices, root vegetables, and teething biscuits. As with arsenic, the 2023 Consumer Reports study found improvements in lead levels in some baby food products but cautions that there is still a significant risk to infants. Some juices, for instance, still exceed the 10 ppb action level proposed by the FDA.

Cadmium

In the 2019 Healthy Babies Bright Futures study, cadmium was detected in 75% of baby foods tested. The study also found that  15% of the products tested contained cadmium levels that were concerning to experts in the field.

Although the 2023 Consumer Reports study saw a decrease in cadmium levels in some products, the risk of harm was not eliminated. Sweet potatoes and carrots were of particular concern. Cadmium is often absorbed by root vegetables grown in contaminated soil. 

Mercury

According to the 2019 Healthy Babies Bright Futures study, mercury was detected in 32% of the foods tested. Exposure to mercury can have a devastating effect on humans, particularly infants and young children. Mercury poisoning may cause loss of peripheral vision, impairment of speech and hearing, and muscle weakness. 

The 2021 Congressional Report indicated that as an industry, baby food companies rarely test for mercury. Rice plants, fish purees, and juices frequently contain mercury because of contaminated soil or aquatic environments.

Gerber Baby Food Products With Metals

When tested, a large number of Gerber baby food products were found to contain high levels of toxic metals, including arsenic, lead, cadmium, and mercury. 

Gerber Baby Food Products Containing Arsenic

Many baby and toddler foods manufactured by Gerber were found to have levels of arsenic. Some Gerber products with high levels of arsenic include:

• Rice Single Grain Cereal: 106 parts per billion (ppb)
• MultiGrain Cereal – Sitter 2nd Foods: 37 ppb
• Oatmeal Single Grain Cereal: 26.9 ppb
• Barley Single Grain Cereal- Supported Sitter 1st Foods: 10.6 ppb
• Whole Wheat Whole Grain Cereal – Sitter 2nd Foods: 40.6 ppb
• Variety Pack Juices from Concentrate – White Grape: 9.9 ppb
• Chicken Rice Dinner – Sitter 2nd Foods: 19.1 ppb
• Puffs Banana Cereal Snack – Crawler 8+ months: 44.5 ppb
• Teether Wheels – Apple Harvest – Crawlers: 51.5 ppb

Gerber Baby Food Products Containing Lead

Many baby and toddler foods manufactured by Gerber were found to have levels of lead. Some Gerber products with high levels of lead include:

• Diced Carrots Veggie Pick-Ups™: 11.8 ppb
• Carrot – Sitter 2nd food: 9.4 ppb
• Carrot – Supported Sitter 1st Foods: 11 ppb
• Sweet Potato Supported Sitter 1st Foods Tub: 20.3 ppb
• Sweet Potato – Sitter 2nd Food: 29.3 ppb
• Sweet Potato – Supported Sitter 1st Foods: 14.6 ppb
• Variety Pack Juices from Concentrate – White Grape: 11.1 ppb
• Puffs Banana Cereal Snack – Crawler 8+ months: 9.2 ppb
• Fruit & Veggie Melts – Truly Tropical Blend – FreezeDried Fruit & Vegetable Snack – Crawler, 8+ months: 12.2 ppb
• Arrowroot Biscuits – Crawler 10+ months: 12.5 ppb

Gerber Baby Food Products Containing Cadmium

Many baby and toddler foods manufactured by Gerber were found to have levels of cadmium. Some Gerber products with high levels of cadmium include:

• Rice Single Grain Cereal: 11.1 ppb
• Oatmeal Single Grain Cereal: 13 ppb
• Barley Single Grain Cereal- Supported Sitter 1st Foods: 13.7 ppb
• Whole Wheat Whole Grain Cereal – Sitter 2nd Foods: 50.8 ppb
• Diced Carrots Veggie Pick-Ups™: 27.7 ppb
• Carrot – Sitter 2nd food: 31.4 ppb
• Carrot – Supported Sitter 1st Foods: 42.2 ppb
• Organic Mango Apple Carrot Kale – Sitter 2nd foods: 11.4 ppb
• Carrot Pear Blackberry – Sitter 2nd Foods: 18.2 ppb
• Mashed Potatoes & Gravy with Roasted Chicken and a Side of Carrots – Toddler: 17.5 ppb
• Fruit & Veggie Melts – Truly Tropical Blend – FreezeDried Fruit & Vegetable Snack – Crawler, 8+ months: 26.8 ppb
• Arrowroot Biscuits – Crawler 10+ months: 25.9 ppb

The amounts were detected when tested in the 2019 Healthy Babies Bright Future study. It is important to note that while levels of mercury were detected in Gerber products, the company rarely tests for the toxic metal.

Research Linking Autism to Gerber Baby Food

There have been multiple studies linking heavy metal exposure to an increased risk of autism. Infants and young children are particularly vulnerable to the harmful effects of metal toxicity because their brains are still developing. Babies and children also eat more food in proportion to their body weight than adults, leading to increased exposure to contaminants.

Association Between Heavy Metals Exposure and Child Autistic Disorder

A 2023 study entitled “Association between heavy metals exposure (cadmium, lead, arsenic, mercury) and child autistic disorder: a systematic review and meta-analysis” found a significant association between exposure to heavy metals and autism in children. 

Published in Frontiers in Pediatrics, the authors, Mengmeng Ding, Shanshan Shi, Shuyan Qie, Jinglu Li, and Xiaoming Xi, found that concentrations of cadmium (Cd), lead (Pb), arsenic (As), and mercury (Hg) were higher in individuals with autism spectrum disorder compared to those in the control group. The study also discussed potential sources of exposure, including environmental pollution, industrial processes, and consumption of contaminated food and water. 

Investigating the Role of Food Pollutants in Autism Spectrum Disorder

A study published in Naunyn-Schmiedeberg’s Archives of Pharmacology explored the link between food pollutants and an increased risk of autism spectrum disorder. 

The research, “Investigating the role of food pollutants in autism spectrum disorder: a comprehensive review,” authored by Zahra Shamsipour Nehzomi and Kobra Shirani in October 2024, noted that there were higher levels of toxic metals, such as lead, mercury, and cadmium in individuals with autism. These metals were commonly found in contaminated food, potentially caused by pesticides and food additives.

Toxic Heavy Metal Content of Infant and Toddler Foods and Evaluation of United States Policy

A 2022 study published in Frontiers in Nutrition and authored by Emily C. Bair sought to evaluate U.S. policies to safeguard against heavy metal exposure and discuss what is known about the potential harm. The study, “A Narrative Review of Toxic Heavy Metal Content of Infant and Toddler Foods and Evaluation of United States Policy,” determined that there are significant gaps in public understanding and a lack of consistent protocols by the U.S. government to prevent or limit exposure. 

Association of Autism With Toxic Metals

A 2021 study published in Pharmacology Biochemistry and Behavior found that elevated levels of toxic metals are associated with autism spectrum disorder (ASD). In “Association of autism with toxic metals: A systematic review of case-control studies,” authors Cecilia N. Amadi, Chinna N. Orish, Chiara Frazzoli, and Orish E. Orisakwe explore the relationship between ASD and exposure to certain heavy metals, including cadmium, lead, and mercury. It was determined that higher levels of toxic metals were present in the hair samples, blood, and blood cells of children with ASD.

Gerber’s Response to Heavy Metal Baby Food Allegations

On April 9, 2021, Gerber publicly acknowledged the presence of heavy metals in their baby food products. The company noted that while it has industry-leading standards for testing for heavy metals, it remains committed to ensuring its products are safe and in accordance with FDA regulations.  

Gerber also participated in discussions and collaborated with stakeholders to address concerns over the presence of heavy metals in baby food and is committed to helping develop industry-wide standards. They are a founding member of the Baby Food Council. While acknowledging the problem, the company still asserts that its baby food is safe and meets current regulatory standards.

U.S. Government’s Response to Toxic Metals in Baby Food

Several initiatives have been proposed to respond to growing concerns about the safety of baby food products in the United States. These legislative and regulatory actions would help to create industry-wide standards limiting the amount of heavy metals that can be present in baby food products. 

State and Federal Regulations for Baby Foods

There are several federal and state-level actions intended to regulate heavy metals in baby food products. Those actions include:

• Baby Food Safety Act of 2024: This act was introduced by Senator Amy Klobuchar on May 9, 2024. If passed, it would establish limits on the amount of lead, cadmium, arsenic, and mercury that could be in baby food products in the U.S. It would also require baby food manufacturers to regularly test their products for heavy metal contamination.  
• FDA’s Closer to Zero Initiative: This initiative was launched in 2021 to help limit the number of contaminants in food eaten by babies and young children. The phased approach includes research and analysis, regulation, and consultation.
• California’s AB-899: This bill was signed into law on October 10, 2023, by Governor Gavin Newsom. Beginning January 1, 2025, requires monthly testing of baby food products in the state and mandates manufacturers to provide test results online.

Who Qualifies for the Gerber Baby Food Lawsuit?

In order to qualify for a Gerber baby food lawsuit, individuals must meet certain eligibility criteria. These criteria include that the child was born on or after January 1, 2007, and consumed one of the qualifying baby food products for at least six months. It also requires the diagnosis of Autism before age 14. 

Eligibility criteria for a Gerber baby food lawsuit:

• Age: The child must have been born on or after January 1, 2007.
• Diagnosis: The child must have been diagnosed with Autism before age 14.
• Product consumption: Must have proof the child consumed a qualifying baby food product for at least six months. 

Qualifying baby food products include those manufactured by:

• Gerber
• Parent’s Choice
• Earth’s Best Organic
• Sprout Organic
• Plum Organics
• HappyFAMILY
• HappyBABY

Children may have consumed Gerber baby food and products made by other manufacturers and still be eligible to file lawsuits.

Who Does Not Qualify For This Lawsuit?

While many children will qualify for a Gerber baby food autism lawsuit, there are some disqualifying factors. 

Disqualifying factors:

• Born preterm (before 37 weeks)
• Weighed less than 5.5 pounds at birth
• Born before 2007
• Diagnosed with autism after age 14
• Consumed a qualifying baby food product for less than six months
• Involvement in related litigation
• Advanced age at conception

A diagnosis of another syndrome or condition may also disqualify a child from eligibility. If the mother had specific health or pregnancy complications, this could also affect eligibility. Concerned parents and guardians should speak with an attorney who is experienced in this type of litigation to determine eligibility.

Evidence to Gather for a Gerber Baby Food Lawsuit

Successful Gerber baby food lawsuits require the collection of evidence. This evidence can help substantiate your claim and strengthen your case. It is important to discuss your legal options with an attorney to ensure you gather the necessary documentation to prove your case. 

Evidence to Collect for a Gerber Baby Food Lawsuit

If you choose to file a case against Gerber, you will need to collect evidence to prove that your child consumed specific Gerber products, received specific diagnosis, and how that diagnosis has affected various areas of your lives. You will need to provide the following evidence as part of your lawsuit against Gerber:

• Medical records confirming an autism diagnosis
• Neurodevelopmental assessments
• Proof of purchase (receipts) of qualifying baby food products
• Bank statements
• Loyalty program records showing product purchase
• Product labels
• Marketing materials
• Growth charts
• Hair follicle or blood testing indicating the presence of toxic heavy metals
• Genetic records
• Witness statements
• Expert testimony
• Scientific studies and research

Damages You Can Recover in the Gerber Baby Food Lawsuit

Individuals who have been harmed as a result of toxic heavy metals in baby food products may be entitled to compensation. Compensation may include coverage for both economic and non-economic losses such as medical expenses, lost wages, future healthcare treatment, and punitive damages. It is essential to consult with an attorney to determine the potential value of your or your child’s case. 

Potential Recoverable Damages in a Gerber Baby Food Lawsuit

When you a lawsuit, you may receive compensation for the many damages you or your child experienced. That compensation is intended to cover the following damages:

• Past and future medical expenses
• Therapy and rehabilitation costs
• Support for developmental or behavioral issues
• Emotional distress
• Lost wages and loss of future earning capacity
• Loss of quality of life
• Costs related to modifications to the home or assistive devices
• Transportation expenses and childcare costs
• Allocations for a special needs trust
• Wrongful death damages
• Punitive damages

How to File a Gerber Baby Food Lawsuit

There are several steps a person should follow to file a Gerber baby food autism lawsuit. The first step is consulting with a qualified lawyer. A lawyer, well-versed in product liability lawsuits, can help to ensure your child’s rights are protected and justice is served. 

Steps to file a Gerber baby food lawsuit:

1. Consult with an experienced attorney: The first step in a Gerber baby food autism lawsuit is consulting with an experienced attorney. An attorney can help to ensure you meet the necessary criteria to take legal action. It is important to consult with an attorney as early in the process as possible.
2. Collect the necessary evidence: Once eligibility is confirmed, your attorney may ask you to collect certain evidence to help strengthen your claim. Necessary evidence may include your child’s medical records, receipts proving purchase, neurodevelopmental assessments, and expert opinions.
3. File the legal complaint: After the evidence is collected, your attorney will file the claim in the appropriate venue. Prior to filing, your lawyer will ensure the case meets all eligibility requirements, including that it is filed within the statute of limitations.

Gerber Baby Food Settlement Amounts

Potential settlements for Gerber baby food autism lawsuits are expected to range between $500,000 and $1.5 million. Settlements, however, can depend on a number of factors, including the severity of the autism, past and future medical expenses, and the impact on their quality of life. Other factors include whether the injuries are permanent and if there is enough information to establish that the heavy metals in baby food were the cause of the child’s autism. 

Parents of children born on or after January 1, 2007, who were diagnosed with autism before the age of 14 may be eligible for compensation and should consult with an experienced toxic exposure lawyer as soon as possible for case-specific estimates.

Deadline to File a Gerber Baby Food Lawsuit

The legal deadline to file a Gerber baby food lawsuit is state-specific and generally ranges from 1 to 6 years. Several factors may affect the statute of limitations or the amount of time you have to file a case, including the date of autism diagnosis and the discovery of the link between baby food and ASD. 

Some exceptions may also apply, which may extend the amount of time you have to file, including whether the child is a minor and if new research has come out connecting heavy metal exposure from baby food products with autism. Aggrieved individuals are encouraged to consult with an attorney immediately after diagnosis to ensure timely filing of their case.

Contact a Gerber Baby Food Lawyer

King Law has decades of experience handling complex litigation cases, including toxic exposure and product liability lawsuits. Parents of children diagnosed with autism as a result of eating contaminated baby food products are encouraged to contact King Law as soon as possible for a free consultation. The legal team will help you understand your rights and legal options. Let King Law pursue the compensation and justice you deserve. 

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