HappyBaby Baby Food Lawsuit

Our toxic baby food lawyers seek new cases from children (and their parents) who consumed HappyBaby baby foods and were subsequently diagnosed with autism. Every day, parents reach out to our lawyers looking to see if there is a connection between the baby food their child eats and a later autism diagnosis.

What is the backstory behind the Happy Baby autism lawsuits? HappyBaby is a popular baby food brand made by Nurture Inc. and sold at Walmart stores across the U.S. Nurture is a company that owns Happy Family Brands and sells baby food under the brand name HappyBABY.

The comClassics Turkey and Turkey BrothNurture Inc. was founded in 2006 by Shazi Visram. It started selling its HappyBABY line of organic baby food in 2009. In 2013, Nurture Inc. acquired Plum Organics, a California-based organic baby food company, to expand its product offerings. In 2019, it was acquired by Danone S.A., a French multinational food-products corporation.

If you have a potential toxic baby food autism lawsuit involving HappyBaby or any of the other defendants, call us today at 800-553-8082 or reach out to us online.

Learn more about baby food autism lawsuits

UPDATES:

December 3, 2024: The defendants have filed a motion to dismiss all claims in the toxic baby food MDL, arguing that the lawsuits lack scientific evidence and fail to establish a direct causal link between heavy metal exposure in baby food and autism development.

The defendants assert that the presence of heavy metals in their products is unavoidable, as these elements occur naturally in the environment. They further contend that the plaintiffs have not provided evidence of negligence or malice, emphasizing that the companies comply with existing federal safety standards. Additionally, the motion criticizes the lawsuits for relying on speculative connections rather than definitive scientific studies to substantiate their claims.

Motions like this get filed in mass torts all the time and they are rarely successful. When mass torts of this nature get dismissed it almost always occurs in connection with a Daubert motion in which the court rules that the plaintiff’s scientific evidence is not admissible.

November 9, 2024: The primary focal point of the toxic baby food litigation right now is a trial that is set for the end of January in California state court. This will be the very first toxic baby food case to go to trial and be decided by a jury. The outcome of the trial will be a major watershed moment in this litigation. A defense verdict will derail any momentum this litigation has right now. By contrast, a big verdict could accelerate us towards a global settlement deal.

October 2, 2024: The toxic baby food class action MDL barely grown at all since it was first created earlier this year. When the MDL was first created back in April it started with 20 pending cases. After 6 months, the number of pending cases now sits at 31. So only 11 new cases have been added since the start of the MDL. Why? The simple reason is that most of the action in this litigation has shifted to California state courts, while many other prospective plaintiffs are sitting on the sidelines waiting to see how things play out.

September 1, 2024: The judge in the toxic baby foods MDL issued a number of rulings in a recent status conference. Among other things, the defendants will be required to produce their internal testing results for heavy metal levels in their products for 2012 thru 2021.

August 4, 2024: There are currently fewer than 40 cases total in the toxic baby food class action MDL. This is much lower than what many mass tort lawyers were predicting for this MDL. We do not have a breakdown of how many of those cases are pending against which particular defendants, but Nuture Inc. (and its HappyBaby brand) have featured prominently in the litigation from the start.

July 17, 2024: A master short-form complaint has now been approved in the toxic baby food class action MDL. A short-form master complaint is basically a fill-in form that new plaintiffs can use instead of drafting a full, detailed complaint. Short-form complaints like this are commonly used tools in mass torts. They make the process of filing new cases much more efficient for plaintiffs, while also enabling the defense and the court to easily categorize and asses the relevant facts and allegations in large numbers of cases.

July 2, 2024: The Judge in the toxic baby food MDL has now approved direct filing by new plaintiffs directly in the MDL. This means that instead of filing their case in the federal court in their home state, only to have the case transferred into the toxic baby food MDL in Illinois, new plaintiffs can now simply file and initiate their case directly in the MDL.

June 3, 2024: The toxic baby food class action MDL has been growing pretty slowly in the first few months. No new cases were transferred into the MDL during the month of May and just five new lawsuits were added in the month of April. There are currently just 25 total lawsuits pending in the MDL… but certainly more are coming. Still, I’m suprised by the low volume of new calls our law firm has received. Our lawyers received more intake calls for baby food claims before there was an MDL, whic makes no sense. But there is not a lot of publicity out there right now and many perspective clients are still waiting to see what happens in the Tylenol litigation.

May 16, 2024: The first status conference will be held today in the new toxic baby food class action MDL. The MDL Judge will tackle various pretrial and housekeeping matters and begin the process of appointing a Plaintiffs’ Steering Committee.

April 11, 2024: We finally have a toxic baby food class action MDL. All toxic baby food cases in federal courts will now be consolidated together in the Northern District of California.

January 16, 2024: On January 16, 2024, a new baby food class action lawsuit is in the works targeting Nurture and the other defendants. Attorneys representing toxic baby food victims have submitted a formal request to the MDL Panel, seeking the establishment of a nationwide Multi-District Litigation (MDL) to consolidate all federal lawsuits pertaining to baby food. This would be a significant developement in this litigation.

January 7, 2024: Despite early setbacks in toxic baby food lawsuits, our lawyers are still committed to pressing forward with these cases in 2024. We believe this litigation will get fresh momentum this year. If you believe your child developed autism as a result of heavy metals in Nurture baby foods products, contact us today at 800-553-8082.

Nurture Products

Its products include:

Greek Yogis Mixed Berry
Greek Yogis Blueberry & Purple Carrot
Greek Yogis Strawberry
Snackers Creamy Spinach & Carrot
Creamies Apple, Spinach, Pea & Kiwi
Creamies Strawberry, Raspberry & Carrot
Teethers Sweet Potato & Banana
Food Pouches: Stage 2 Apples, Spinach & Kale
Food Pouches: Stage 2 Apples, Kale & Avocados
Food Pouches: Stage 2 Carrots, Strawberries & Chickpeas
Food Pouches: Stage 4 Pears, Raspberries, Carrots & Butternut Squash
Food Pouches: Stage 4 Pears, Kiwi & Kale
Food Pouches: Stage 2 Pears, Zucchini & Peas
Food Bars: Apple + Cinnamon Fruit & Oat
Food Bars: Blueberry & Raspberry Fruit & Oat
Superfood Puffs: Apple & Broccoli
Superfood Puffs: Kale & Spinach
Superfood Puffs: Banana & Pumpkin
Superfood Puffs: Strawberry & Beet

An investigation found that many popular baby foods, including HappyBaby brand products, contain unsafe levels of toxic heavy metals such as mercury, lead, arsenic, and cadmium.

When infants and young children are exposed to these metals, they can cause severe neurologic disorders, including autism, which is the focus of these lawsuits. But no HappyBaby recall or warning has been placed on the product advising parents of the risks of toxic metals.

RELATED AUTISM POSTS

HappyBaby Brand Baby Food Found to Contain High Levels of Toxic Metals

Heavy metals such as arsenic, lead, mercury, and cadmium damage the human body. Significant exposure to these metals has been shown to cause neurological problems in children’s developing brains.

On February 4, 2021, a report was published by the U.S. House of Representatives Subcommittee on Economic and Consumer Policy entitled Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury (the “Congressional Report”). The report found that many popular baby food brands in the US had toxic levels of heavy metals like arsenic, lead, cadmium, and mercury in their products. The report called the levels “dangerous” and “toxic” and found that these metals pose a serious health risk to infants and young children. This report, as you would expect, absolutely freaked parents out.

The report cited internal company documents from the baby food manufacturers, including HappyBABY that showed the companies were aware of heavy metals in their products but failed to take adequate measures to prevent their inclusion in the baby food. The report concluded that the FDA needs to set stricter standards for heavy metal levels in baby food and that baby food manufacturers need to do more to ensure the safety and purity of their products.

According to the House Subcommittee’s report on baby food in 2021, HappyBaby (owned by Nurture, Inc.) had some of the highest levels of arsenic, cadmium, and lead in their baby food products compared to other brands tested.

Specifically, the report found that HappyBaby’s products had levels of inorganic arsenic up to 129 ppb, cadmium up to 38.1 ppb, and lead up to 344.4 ppb. These levels blow past recommended limits set by various health organizations, including the World Health Organization and the U.S. Environmental Protection Agency.

Let’s put this in context. The FDA allows ten ppb of inorganic arsenic, five ppb of lead, and five ppb of cadmium in bottled water. In comparison, the EPA caps the allowable mercury level in drinking water at two ppb.

HappyBaby Maker Has Known of the Problem with Toxic Metals

Depressingly, the report cited internal documents from the makers of HappyBaby and other companies that showed they were aware of the presence of these toxic metals in their products but failed to address the issue.

The documents also showed that Happy Family Organics was aware of the presence of these heavy metals in its products and had conducted testing that confirmed the contamination. However, the company did not disclose this information to the public or government regulators. Instead, Happy Family Organics reportedly continued to market its products as safe and healthy despite knowing the potential risks of heavy metal contamination.

So HappyBaby continues to market these products as healthy and safe for babies despite being aware of the high levels of toxic metals in their products. It made no effort to take sufficient steps to address these issues even after they were made aware of them. This should concern us all.

Heavy Metal Levels in HappyBaby Brand Baby Foods

The Congressional Report found harmful levels of toxic metals in baby food products from seven of the biggest manufacturers in the U.S., including Nuture Inc., which sells baby food products under the popular brands HappyBaby and Happy Family Organics.

Walmart stores across the country carry HappyBaby brand products. The Congressional Report sets out the detailed levels of heavy metals found in the various food brands. Nurture’s HappyBaby brand products had some of the highest levels of dangerous metals in almost every category compared to all other brands.

(a) Arsenic Levels in HappyBaby Baby Food

Inorganic arsenic is considered the worst and most harmful heavy metals the Congressional Report covers. Arsenic exposure in infancy and childhood has been associated with an increased rate of neurologic disorders and can also damage the central nervous system.

Based on standards set by the FDA, the maximum safe level for arsenic in bottled water is ten ppb. The Congressional Report found that Nurture (HappyBaby) sold baby food products after internal tests showed they contained as much as 180 ppb of inorganic arsenic, 18 times the maximum limit. Over 25% of the HappyBaby food products sold by Nurture were found to contain over 100 ppb of inorganic arsenic, and the average level of arsenic in HappBaby products was around 60 ppb — six times the safe limit. Digest that. Six times.

(b) Lead Levels in HappyBaby Baby Food

The second most harmful of the heavy metals that are known to pose a threat to human health is lead. Lead exposure is harmful even at minimal levels and is associated with various adverse health conditions, particularly neurologic and cognitive developmental issues in children.

As set by the FDA, the maximum safe level for lead in drinking water is five ppb. The maximum safe lead level in juice is 20 ppb. The Congressional Report found that Nurture’s HappyBaby brand food products had the highest lead levels compared to other brands. This makes Nuture’s HappyBaby food a target in heavy metal autism lawsuits.

Nurture admitted to selling finished HappyBaby brand products that tested as high as 641 ppb lead — a staggering 128 times higher than the FDA maximum safe limit. Over 20% of all HappyBaby brand products contained ten ppb lead, which is still double the maximum limit.

(c) Mercury Levels in HappyBaby Baby Food

Mercury comes in behind only arsenic and lead in terms of the most toxic of the heavy metals at issue in the Congressional Report on baby foods. Current research has established that prenatal mercury exposure can cause adverse neurologic development. Mercury blood levels in toddlers have also been positively associated with increased rates of autism.

The FDA has established a maximum safe mercury level for drinking water at two ppb. This is the lowest maximum safe level of all the heavy metals. Nurture was one of the few companies that tested products for mercury. These tests revealed that HappyBaby brand food products were sold containing as much as ten ppb of mercury, five times higher than the maximum safe limit set by the FDA.

(d) Cadmium Levels in HappyBaby Baby Food

Cadmium comes in at 4th on the list of baby foods’ most dangerous toxic metals. Exposure to cadmium at young ages has been linked to lower IQ and the development of various disorders, such as ADD, later in life. According to the FDA, the maximum safe limit for cadmium in drinking water is five ppb. The Congressional Report found that 75% of HappyBaby food products sold by Nurture contained cadmium over the maximum safe level of five ppb.

Heavy Metals in Baby Food May Cause Autism

The health hazards of heavy metals have been understood for a long time. However, our toxic baby food lawyers have seen a growing body of medical evidence suggesting that exposure to these materials can lead to autism, ADD, and other neurologic disorders. When children are exposed to these metals during infancy or gestation, they display higher rates of autism.

The impact of prenatal and early infancy exposures to mercury was the subject of a 2014 study that was one of the first to find a link between mercury and autism. The study found that environmental mercury exposure caused a twofold increase in the risk of being diagnosed with autism or ADD. In Korea, a very similar study was conducted and published in 2017, finding a similar association between exposure to mercury and autism/ADD rates.

In a 2019 meta-analysis study published by a research team at the University of Buffalo, arsenic exposure in infancy was linked to higher autism rates. The following year, a much more comprehensive study found the same positive association between exposure to mercury, arsenic, and cadmium during infancy and higher rates of autism.

Happy baby organic formula recall (unrelated, but this organic formula recall has been of great interest)
Judge for yourself HappyBaby’s defense to the claim of excessive metals in their product. It is correct that other foods have low levels of toxic metals. The question is, what levels are acceptable? The company seems to say, “The product is safe, but we are going to work to get rid of all these toxic metals.” This seems somewhat contradictory, right?

Nurture HappyBaby Baby Food Autism Lawsuits

The discovery of alarming levels of toxic heavy metals in baby foods, including those produced by Nurture’s HappyBaby brand, was brought to light in a Congressional Report. This revelation has prompted a wave of product liability lawsuits against Nurture. Parents have filed these lawsuits claiming that the consumption of these baby foods led to developmental disorders like autism in their children. The basis for these legal actions is rooted in the findings of the Congressional Report.

This report unequivocally demonstrates that Nurture, along with other manufacturers, was aware their baby food products contained levels of heavy metals that far exceeded the safe limits established by the FDA. Despite this knowledge, they proceeded to market and sell these products. This is what the baby food autism lawsuits are about.

Since the Congressional Report was published in February 2021, Nurture Inc. has been named a defendant in many consumer class action and product liability lawsuits involving toxic metals in baby food products. Every HappyBaby lawsuit alleges that the toxic metal levels in this product are unsafe for children.

HappyBaby Consumer Class Action Lawsuit

A HappyBaby class action lawsuit was filed in 2021 seeking damages and injunctive relief for purchasers of Baby Food Products marketed and sold by Nurture, Inc. The lawsuit alleges that Nurture failed to disclose that their products were tainted with toxic heavy metals, including arsenic, lead, cadmium, and mercury, at levels considered unsafe for babies.

The lawsuit notes that Nurture did not provide information about the presence of toxic heavy metals in its foods on labels or in marketing materials, nor did it warn consumers about the potential health risks associated with their Baby Food Products.

The Plaintiffs and members of the class purchased Nurture’s Baby Food Products without knowledge of the elevated levels of toxic heavy metals. They claim that had Nurture disclosed this information or issued warnings about the unsafe levels of toxic heavy metals, they and other reasonable consumers would not have bought these products.

The Plaintiffs are pursuing this class action to seek refunds and compensation for economic losses incurred due to their Nurture’s Baby Food Products purchases and to obtain injunctive relief.

This is an economic class action lawsuit. So the allegation that the lawyers are the only ones making real money has some teeth here.

Hiring an Lawyer for Your Autism Claim

If you believe your child developed autism as a result of heavy metals in HappyBaby baby foods products, contact us today at 800-553-8082 or contact us online.