Gerber Baby Food Lawsuits

This page is about Gerber baby food autism lawsuits and expected settlement amounts in these claims.

Current research and testing have shown that Gerber and other major brands of baby food contain dangerously high levels of toxic heavy metals such as lead, arsenic, and mercury. These harmful metals cause health complications and neurologic damage in developing children. The development of conditions such as ADHD and autism may be linked to consuming these toxic baby foods.

The product liability lawyers at Miller & Zois seek cases from children (and their parents) who consumed contaminated Gerber baby foods and were later diagnosed with neurologic health conditions such as autism.

If you have a potential baby food autism lawsuit, call us today at 800-553-8082 or reach out to us online.

UPDATES:

November 24, 2024:  Gerber has historically engaged its customers through loyalty programs and personalized memberships. Loyalty programs like “Grow-With-Us Perks” or memberships such as “MyGerber” are becoming relevant to the heavy metal baby food lawsuits.  Because these programs often store transactional data and engagement history that could support claims about product use.

Programs like these can be beneficial for tracking the usage of Gerber food if you are using them for toxic baby food.  This information can establish a timeline of product consumption, which certainly be helpful in a lawsuit claiming a brain injury.  You definitely want to preserve all records related to Gerber purchases.

October 30, 2024: The major focus of the toxic baby food litigation is currently on a jury trial set for the end of January 2025 in California state court. This will be the first toxic baby food lawsuit to go to trial and the outcome will likely have huge implications for the future of these lawsuits.

October 1, 2024: The toxic baby class action MDL in federal courts has shown very little growth since be formed earlier this year. There are still only 32 cases pending in the MDL as of today.

September 21, 2024: The parties in this case have made some big strides toward agreeing on an ESI Order (Electronic Stored Information) and a Protective Order, but a few key issues are still causing friction. One of the main sticking points? Whether the ESI protocol applies to the plaintiffs’ discovery, a topic that was initially agreed upon but has now resurfaced. There’s also an ongoing debate about applying the ESI order to retailer defendants and collecting hyperlinked documents. Even after months of talks, there’s still no final resolution.

As boring as electronic discovery is, the stakes are high. ESI could be the turning point in these heavy metal baby food lawsuits. It’s the treasure trove of evidence—emails, internal chats, testing records—that could reveal whether Gerber knew about the presence of dangerous metals like arsenic, lead, and cadmium in its products. Did they discover contamination during internal testing and keep quiet about it, continuing to sell the baby food to consumers? Were they upfront with regulators like the FDA, or did they downplay the risks?

ESI also uncovers how Gerber sourced its ingredients. Was the company aware of contamination risks from suppliers? Maybe they knew the rice or other ingredients had higher metal levels than safer alternatives but chose to use it anyway. Internal records and contracts could show if Gerber ignored better, safer options in favor of cheaper, riskier ingredients. If they do, that is a real problem for Gerber. What the jury will want to know in these cases is did Gerber cut corners on children’s health to save money?

In these lawsuits, ESI might seem like just technical legal talk, but it could hold the key to proving what Gerber really knew and when—and whether they acted responsibly or put profits first.

September 7, 2024: Lawyers continue to accumulate new clients for baby food lawsuits against Gerber and some of the other manufacturers.  Yet, we are not seeing many more toxic metal lawsuits filed in the MDL.

Why?  Lawyers are gathering cases and waiting to see how the wind blows in the MDL before filing suit.  Most of the claims have the luxury of a long time horizon for the statute of limitations because the children are minors (although some states have some awful laws on how long a minor has to bring suit).

There is still no consensus among baby food lawyers as to whether it these cases are more likely to be successful in California state court or in the MDL.  So a lot of attorneys are gathering cases, sitting on the sideline, and waiting to see how this unfolds.

August 22, 2024:  A family in Indiana has filed a lawsuit against multiple baby food manufacturers, alleging that their products contained dangerously high levels of toxic heavy metals, including lead, arsenic, and mercury, which caused their child to develop autism spectrum disorder.

The lawsuit targets major companies such as Gerber, among other baby food manufacturers, accusing them of knowingly selling contaminated baby food that led to severe neurodevelopmental harm.

The lawsuit claims that the child consumed these baby foods from infancy and, as a result, was exposed to levels of toxic heavy metals that contributed to brain injury, manifesting as ASD. The complaint details the companies’ failure to warn consumers about the potential dangers of their products, despite internal testing that revealed the presence of these harmful substances.

According to the lawsuit, the manufacturers had knowledge of the risks but continued to market their products as safe for infants, prioritizing profits over safety. The family alleges that had they been aware of the contamination, they would not have purchased or fed these products to their child. This toxic baby food lawsuit seeks to hold these companies accountable for the lifelong impact on their child’s health, seeking compensation for the damages caused.

June 20, 2024: Defense lawyers for the baby food companies are trying to reframe the focus of the scientific evidence on causation. Plaintiffs’ lawyers are saying that the issue of causation should focus on the link between heavy metals (like those found in baby food products) and autism. But the defense wants the focus to be on a link between the baby food products themselves and autism/ADHD. This distinction, though seemingly inconsequential, could prove to be quite pivotal.

June 13, 2024:  A new toxic baby food lawsuit filed in the federal court in Nevada accuses several major baby food manufacturers, including Gerber, of selling products contaminated with toxic heavy metals.

The plaintiffs, representing minor children, claim that the consumption of these tainted baby foods resulted in severe neurodevelopmental injuries such as brain damage and Autism Spectrum Disorder (ASD).

One case involves D.M.P., a minor whose legal guardian alleges that from June 2014 to April 2019, D.M.P. consumed baby foods manufactured by Gerber and Walmart. These products purportedly contained high levels of arsenic, mercury, and lead, leading to D.M.P.’s ASD diagnosis and other neurodevelopmental issues.

The lawsuit asserts that despite knowing about these dangerous levels of toxic metals, Gerber and the other defendants failed to warn consumers, thereby causing significant harm to the affected children. The plaintiffs seek compensation for the injuries and long-term health impacts caused by the contaminated baby foods.

May 3, 2024: In a new baby food lawsuit heading for the new MDL, the plaintiff, a minor suffering from autism spectrum disorder and other related health issues, alleges that their condition is the result of consuming baby food products that contained dangerously high levels of toxic heavy metals—lead, arsenic, and mercury. These metals, known to be severe neurotoxins, were found in baby foods manufactured and sold by several companies, including Gerber Products Company. The lawsuit claims that these companies knew about the harmful levels of heavy metals in their products but continued to sell them without adequate warnings, disregarding the safety of consumers to maximize profits.

According to the lawsuit, Gerber sold baby food products containing excessively high levels of arsenic and did not adequately test their products for toxic metals before selling them. Despite international research and a Congressional investigation that we talk about below revealing the presence of these metals in baby foods, Gerber, among others, reportedly failed to take appropriate action to reduce these levels or adequately inform consumers of the risks. The plaintiff’s condition in this lawsuit is alleged to be the direct result of this negligence and indifference, with the lawsuit seeking to hold Gerber and other defendants accountable for their actions.

April 11, 2024: All of the toxic baby food lawsuits pending in federal courts across the country have now been consolidated into a new class action MDL in the Northern District of California. The new toxic baby food MDL has been assigned to Judge Jacqueline Scott Corley. The defendants in the MDL include major baby food manufacturers such as Gerber, Beech-Nut, and Campbell Soup Co.

January 16, 2024:  A new baby food class action lawsuit naming Gerber is being sought.  Toxic baby food lawyers have filed a request with the MDL Panel to create a nationwide MDL to house all federal baby food suits.

December 14, 2023: So far, the lawsuits alleging that heavy metals in baby food may cause autism have not been very successful. 2 of these cases have moved forward, and both of them have eventually been dismissed based on the lack of admissible causation evidence. Despite these setbacks, there is renewed optimism for these cases heading into 2024. Our firm is seeking and accepting bay food autism cases against Gerber and other baby food companies.

GERBER BACTERIA RECALL 2023:

Federal health authorities are raising alarms about the continued distribution of recalled Gerber Good Start formula to various retailers, despite its initial recall due to a potential risk of Cronobacter sakazakii bacterial contamination, a serious health threat for infants. The FDA released a warning on May 14, 2023, that a Tennessee distributor had continued to ship the recalled formula to retailers in at least eight states after the products were identified as potentially contaminated. Cronobacter sakazakii, a rare bacterium commonly found in dry foods like infant formula, can persist in arid conditions, making it possible to transmit through contaminated surfaces. Infections from this bacterium can be deadly, especially for infants, the elderly, and those with compromised immune systems, causing severe infections or meningitis.

The FDA announced the Gerber Good Start recall on March 17 due to concerns about potential Cronobacter sakazakii contamination in specific batches of infant formula produced at a Wisconsin plant. Although the initial recall didn’t disclose how the contamination risk was discovered, 13 lots of the powdered formula were identified as possibly contaminated. These included various Gerber Good Start SoothePro sizes, manufactured by Perrigo Company plc at its Eau Claire, Wisconsin facility between January 2 and 18, 2023.

The latest update reveals that Associated Wholesale Grocers, Inc. (AWG) continued shipping the recalled products from its Nashville warehouse even after the recall was announced. The FDA’s investigation found that AWG distributed the recalled formula to over 50 retailers in Alabama, Georgia, Indiana, Kentucky, Ohio, Tennessee, Virginia, and West Virginia. Consumers who have purchased the recalled formula in these states are asked to check for specific lot codes and “use by” dates on the packages. If they have affected products, they should discontinue use immediately and contact the Gerber Parent Resource Center for a refund.

RELATED POSTS

• Baby Food Autism Lawsuit
• Class Action Lawsuits Over Toxic Metals in Baby Foods
  

Gerber Baby Food

Gerber is a well-known and established baby food brand in the United States. You probably heard of Gerber before you had children.

The company was founded in 1927 and has since become a leading producer of baby food products, offering a wide range of options for different stages of infancy and early childhood. Gerber’s products are widely available in supermarkets and other retail stores, making it a popular choice for parents looking for convenient and affordable baby food options.

Gerber Products at Issue in Autism Lawsuits

These are the products that are giving cause for concern that the metals in them could cause autism.

 Gerber Baby Food Found to Contain High Levels of Toxic Metals

Heavy metals like lead, arsenic, mercury, and cadmium are toxic to the human body. Many of them, such as lead and mercury, have been linked explicitly to neurological problems in young children with developing brains. This is why keeping these metals away from children has been a significant public health priority for many years. Unfortunately, recent research has shown that we may have fed these toxic metals to our children for years.

HBBF Report

In October 2019, a public health organization called Healthy Babies Bright Futures (HBBF) released a study and report titled “What’s in my baby’s food?” The report documented an investigation by HBBF, which involved scientific testing of early baby foods. The testing found toxic heavy metals in 95 percent of the products tested and further determined that one in four baby foods contained all three dangerous metals – arsenic, lead, and mercury.

The report highlighted that even “trace amounts” of these toxic contaminants “can alter the developing brain and erode a child’s IQ.” The report stated that because these metals bioaccumulate, “the impacts add up with each meal or snack a baby eats.” The report raised concerns about the harmful effects of these heavy metals on children’s health and called for immediate action to reduce or eliminate their presence in baby foods.

The HBBF report found that Gerber products were among the baby foods tested that contained detectable levels of arsenic, lead, cadmium, and/or mercury.

House of Representatives Investigation

In 2021, the U.S. House of Representatives Subcommittee on Economic and Consumer Policy released a Staff Report entitled Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury (the “Staff Report”). The Staff Report detailed the Subcommittee’s findings from an investigation into claims that major baby foods like Gerber were sold with high levels of toxic heavy metals. The Subcommittee investigation was based on lab test results and internal documents from baby food manufacturers.

The investigation results confirmed that Gerber and other commercial baby foods “are tainted with significant levels of toxic heavy metals, including arsenic, lead, cadmium, and mercury.” The Staff Report also noted that exposure to these contaminants harms infants’ neurological development and brain function.

Heavy Metal Levels in Gerber Baby Foods

The Staff Report found unsafe levels of heavy metals in baby food products from seven of the largest manufacturers in the U.S., including Gerber, the world’s biggest baby food manufacturer. Based on testing, the Staff Report details the levels of toxins found in the various food brands. The levels of toxic metals in Gerber were lower than those in other major brands, but they were still well above the maximum safe levels set by the FDA.

And, then again, according to the House Subcommittee’s report, Gerber agreed to provide limited data in response to the Subcommittee’s request for information regarding heavy metals in baby food.

The report notes that Gerber only provided test results for four types of baby food products, despite being asked to provide information on a broader range of products.

Additionally, the Subcommittee notes that Gerber’s test results only included data for inorganic arsenic and did not include results for other toxic heavy metals, such as lead and cadmium.

Why? Ignoring requests from Congress is pretty bold, making you wonder what Gerber is hiding.

(a) Arsenic Levels in Gerber Baby Food

Arsenic is considered the most hazardous toxin-heavy metal covered by the Staff Report. In young children, exposure to arsenic is known to cause neurologic problems and damage the central nervous system.

The FDA and the EPA have set maximum safe arsenic levels for bottled water at ten ppb. The Staff Report found that Gerber baby food products used ingredients that contained over 90 ppb of inorganic arsenic based on lab testing. This is nine times the FDA maximum safe level.

(b) Lead Levels in Geber Baby Food

Lead is considered the second most toxic of the heavy metals that are known to pose a threat to human health. Lead exposure (even at small levels) is associated with a range of bad health outcomes, particularly neurologic and cognitive developmental issues in children.

The FDA’s maximum safe level for lead is five ppb in drinking water, 20 ppb in juice, and 100 ppb in candy products. According to the Staff Report, Geber used ingredients in baby food that tested as high as 48 ppb for lead.

(c) Mercury Levels in Gerber Baby Food

Mercury ranks 3^rd behind arsenic and lead in terms of the most harmful heavy metals featured in the Staff Report on baby foods. Studies have shown that prenatal mercury exposure can lead to adverse neurologic development. More specifically, high blood levels of mercury in toddlers have been positively associated with “autistic behaviors.”

Mercury can be harmful even at extremely low levels. The FDA has capped the maximum safe mercury level in drinking water at two ppb. The Staff Report does not contain information on the levels of mercury in Geber baby foods because the Subcommittee relied on information provided by Gerber.

Here is something else amazing. According to the House Subcommittee report, Gerber only “rarely” tested for mercury in their baby food products. The report stated that in 2017, Gerber tested only 5 out of 87 samples for mercury, and in 2019, they tested only 4 out of 71.

The report also noted that Gerber’s mercury testing methodology was not validated and did not follow EPA guidance.

(d) Cadmium Levels in Gerber Baby Food

Cadmium ranks fourth on the list of hazardous toxic metals in baby foods. Cadmium exposure in children has been linked to lower IQ and the development of ADHD. The FDA has set the maximum safe limit for cadmium in drinking water at five ppb. The Staff Report found that Gerber baby food products containing carrots were contaminated with cadmium. Over 75% of Gerber’s carrot foods contained over five ppb of cadmium, and some contained up to 87 ppb.

Heavy Metals in Gerber Baby Food May Cause Autism and Other Conditions

The toxic health effects of heavy metals are well recognized. Still, a growing body of scientific research is beginning to specifically connect exposure to these materials to autism, ADD, and other neurologic disorders. Many medical studies have identified a connection between regular exposure to heavy metals during gestation, infancy, and childhood and higher rates of autism.

A study published in 2014 looked at the impact of prenatal and early infancy exposures to mercury. The study concluded that mercury exposure resulted in a twofold increase in the risk of developing both autism and ADD. Three years later, a similar study on children in Korea found a similar association between mercury exposure and autism/ADD rates.

A meta-analysis study conducted by a research team at the University of Buffalo and published in 2019 identified a possible connection between arsenic exposure and higher autism rates. A more extensive study was published the following year, which found the same positive association between autism and exposure to mercury, arsenic, and cadmium during infancy.

Gerber Baby Food Autism Lawsuits

The Staff Report regarding heavy metals in baby foods like Gerber has led to a number of product liability lawsuits against Gerber by parents claiming that their children developed autism (or other disorders). These lawsuits are partly based on the findings in the Staff Report, which clearly show that Gerber was aware that its baby food products contained heavy metals well above the maximum safe limits set by the FDA.

Since the Staff Report was published in February 2021, Gerber Products Company has been named a defendant in several consumer class action and product liability lawsuits involving toxic metals in baby food products. Our firm is currently seeking Gerber toxic baby food lawsuits.

Gerber Good Start Recalled Over Bacteria Risk

In March 2023, Gerber Good Start SoothePro brand baby food was recalled in the U.S. in response to concerns that the product may be contaminated with a dangerous and potentially deadly bacteria called Cronobacter sakazakii. The FDA announced the recall on March 17, 2023 after the agency determined that certain lots of the popular baby food manufactured at a specific plant in Wisconsin may be contaminated with the bacteria.

To date, the FDA says that it has not identified any contaminated products from the Wisconsin plant, and the details of what prompted the concerns and the recall have not been released. A contamination outbreak with the same bacteria led to a massive recall of Similac infant formula in 2021. That outbreak was traced back to a manufacturing facility in Michigan and it sparked a national infant formula shortage. In response, the FDA tightened certain regulations and the recent Geber recall may be the first example of those stricter safety regulations in action.

Gerber Baby Food Autism Lawsuits: What Could Settlement Payouts Look Like?

As one of the largest and most iconic baby food companies in the world, Gerber is a household name. But with its deep pockets and brand recognition comes the responsibility—and potential liability—for the safety of its products. Recent lawsuits have alleged that heavy metals in baby foods, including Gerber’s, may cause developmental disorders like autism.

Predicting the potential settlement payouts in Gerber baby food autism lawsuits is more art than science at this stage. There are many variables, and the litigation is still in its early stages. No jury has yet delivered a verdict—there is expected to be state court trial in January 2025—and no settlements payouts have been made.  What we do know is that Gerber, as part of the Nestlé family, has the financial heft to pay substantial amounts in settlements or judgments if claims are successful.

Mass tort settlements often draw on patterns from prior cases, but autism as an injury tied to negligence is somewhat uncharted legal territory. Previous efforts to link autism to negligence or toxic exposure have been largely unsuccessful, meaning there are no clear precedents to use as a guidepost.

The closest thing comparable to estimate potential payouts in these lawsuits is settlements and verdicts in cases involving neurologic birth injuries. These cases involve children with permanent mental impairments who face a lifetime of medical care and lost earning potential. While not identical to autism, the parallels—particularly in the long-term impact on the child’s life—are there.

The verdicts in birth injury lawsuit span a wild range but 90% of settlement range between about $1 million to $5 million, depending on the severity of the injury. Autism-related lawsuits all on the lower end of that spectrum or below, given the added challenge of proving causation in these cases. You would expect the average verdict in a baby food autism lawsuit to be much higher. A $50 million jury award would not be a surprise.

But the reality is mass tort lawsuits for settlement are not a true reflection of the trial value of the case.  So if Gerber lawsuits alleging autism prove successful, our lawyers think settlements from strong cases would generally range from $350,000 to $1.5 million per claim, depending on the severity of the child’s condition and the strength of the causation evidence. This estimate assumes that plaintiffs overcome the hurdle of causation, which remains the biggest challenge.

Hiring a Baby Food Lawyer

Call Our Law Firm

Our law firm is dedicated to holding these companies like Gerber accountable and obtaining justice for affected individuals and families. Contact us to learn more about your legal rights and options. Call today for a free consultation at 800-553-8082 or contact our law firm online.