Gerber and Baby Food Makers Autism MDL Partial Summary Judgment
Case Overview
A federal judge granted partial summary judgment to baby food manufacturers, such as Gerber Products Co., Beech-Nut Nutrition Co., The Hain Celestial Group Inc., and Walmart Inc., in a multidistrict litigation. This ruling addresses claims that heavy metals present in the baby food caused children to develop autism or attention deficit hyperactivity disorder (ADHD).
The lawsuits alleged that the companies knowingly sold baby food contaminated with toxic heavy metals, referencing a 2021 congressional report on this issue. The claims involved allegations of general causation, which asks if a substance can cause injury at realistic consumption levels, and the plaintiffs had focused on lead and arsenic, having dropped theories related to mercury and cadmium.
While the ruling does not end the litigation entirely, it preserves parents' claims alleging that the infant formula caused IQ loss, language disorders, learning disabilities, or sensory processing disorders. The order ended approximately 250 lawsuits in the MDL, and families have the option to appeal the autism and ADHD causation question to the Ninth Circuit.
Who May Qualify
Parents whose children were affected by the baby food products named in the MDL.
Frequently Asked Questions
What did the partial summary judgment mean for the baby food lawsuits?
The judge found that the families suing failed to provide admissible evidence to support their claims that lead and arsenic in the baby food caused autism or ADHD. This resulted in the dismissal of many claims related to autism and ADHD.
Are all the claims in the Baby Food Products Liability Litigation dismissed?
No, the litigation is not entirely over. The ruling preserved parents' claims that allege the companies' infant formula caused issues such as IQ loss, language disorders, learning disabilities, or sensory processing disorders.
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