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Campbell’s and Plum Aim to Dismiss Toxic Baby Food Lawsuits

Riddle Brantley LLP   |  January 10, 2022   |  

Campbells and Plum Try to Dismiss Toxic Baby Food LawsuitsSeveral lawsuits have emerged against popular baby food manufacturers after an investigation by a federal regulatory group revealed that their commercially produced baby food contained “significant levels of toxic heavy metals including arsenic, lead, cadmium, and mercury.”

These lawsuits allege that baby food manufacturers were negligent in allowing dangerous levels of heavy metals into their products, leading to long-term health consequences in children who were exposed.

Now, based on statements issued by Campbell Soup Co. (which does business as Campbell’s) and its subsidiary Plum Organics, it looks like these manufacturers are aiming to get the lawsuits dismissed.

Campbell’s Ignored Initial Requests for Documents

When the initial request for document review was sent to baby food manufacturers by a U.S. House of Representatives subcommittee, Gerber, Beech-Nut, Hain Celestial, and Nurture Inc. all turned over their documents. However, Campbell Soup Co. and two other manufacturers did not respond to the request, prompting the subcommittee to note this lack of cooperation in their report:

“The Subcommittee is greatly concerned that their lack of cooperation might be obscuring the presence of even higher levels of toxic heavy metals in their baby food products than their competitors’ products.”

It’s important to note that the FDA currently does not have any specific limits on the amount of heavy metals that can be present in baby foods. The FDA has, however, issued guidance about the amount of inorganic arsenic that they consider safe for consumption by infants and children.

Campbell’s Responds to Claims in the Congressional Report

Campbell Soup Company issued a statement through their legal representatives that was sent to the house subcommittee in charge of the investigation. Campbell claims that “our testing showed each product was well within levels [of heavy metals] deemed acceptable by independent authorities.”

They go on to say that “Campbell is committed to working cooperatively toward science-based standards that will help minimize heavy metals in our products. We also reiterate our support of FDA’s development, based on scientific consensus, of clear and specific guidance on this important subject to ensure that the foods we feed our babies are safe and nourishing.”

Plum Organics Denies Claims It Did Not Cooperate

The Plum Organics website also published a statement refuting the claim that they were uncooperative with the initial request for documentation issued by the subcommittee.

“Plum Organics has always and will always place the safety of our consumers, especially our youngest consumers, above all else. That is why we cooperated with the Committee’s baby food review. We responded quickly to their questions and never refused anything requested of us. We are surprised that the Committee would suggest that we were less than full partners in this mission. We welcomed the opportunity to work with the Committee in 2019—and continue to do so today.”

What are the Effects of Heavy Metals on Infants?

Recent research has shown that infants and children are especially sensitive to the effects of heavy metal exposure.

At high levels of exposure, heavy metals act as neurotoxins, and many researchers believe they can lead to long-term health effects such as:

  • Slowed cognitive development
  • Learning disorders
  • Stunted growth
  • Cancer

While we don’t know exactly what dosages achieve these effects, scientists agree that due to the increased sensitivity of infants and children, exposure to heavy metals during this time period should be extremely limited.

Beyond the conditions listed above, some scientists believe that heavy metal exposure (such as resulting from feeding with contaminated baby food) may lead to autism. These claims are controversial, but have become the subject of other toxic baby food lawsuits in recent years.

Campbell’s Files Motion to Dismiss Baby Food Lawsuits

Campbell is currently facing a class-action lawsuit in New Jersey, with more lawsuits likely as consumer concern grows. In response, Campbell and Plum have filed a motion to dismiss the lawsuit with the New Jersey federal court.

Consumers have already voiced their concern and asked the courts not to grant a dismissal, but no decision has been rendered yet.

For the latest developments in ongoing baby food litigation, stay tuned to our website.

Do You Have a Toxic Baby Food Claim?

If your infant has suffered from a serious cognitive or behavioral problem, including ADHD or autism, after feeding with a qualifying baby food, you may be entitled to compensation — and you deserve justice.

For a FREE consultation with an experienced baby food lawsuit attorney, please call 1-800-525-7111 or complete the fast and easy form below.

In order to qualify for a baby food lawsuit, you must meet the following criteria:

  • The infant was at least one of the following contaminated baby foods for at least one year:
    • Nurture — Happy Family Organics and/or HappyBABY
    • Beech-Nut
    • Hain Celestial Group — Earth’s Best Organic
    • Campbell Soup — Plum Organics
    • Walmart — Parent’s Choice
    • Sprout Foods — Sprout Organic Food
    • Gerber
  • The infant was later diagnosed with severe ADHD or autism

IMPORTANT: Criteria for ADHD and autism cases that may be eligible for a baby food lawsuit is evolving. For a free, no-obligation consultation with an experienced baby food lawsuit attorney, please call 1-800-525-7111.

We will evaluate your claim and help determine your best available legal options. There are no upfront costs and no attorney fees unless we win your case and you receive compensation. Call 1-800-525-7111 and let’s review your claim.

Justice Counts.