TALLAHASSEE — Six federal lawsuits have been filed in U.S. District Courts across Florida alleging that major baby food manufacturers knowingly sold products contaminated with toxic heavy metals, causing brain injuries and autism spectrum disorder in children who consumed them.
The lawsuits were filed on behalf of minor children by their parents or guardians in the Middle, Northern and Southern Districts of Florida. Three of the cases were filed in the U.S. District Court for the Middle District of Florida, one in the Northern District of Florida and two in the Southern District of Florida. They were all filed in Jan. 30.
The plaintiffs are Safaa Clermont, on behalf of E.E., a minor; Elizabeth Bowdren-Williams, on behalf of J.S.B. and A.S.B., minors; Giania Dominguez, on behalf of J.B., a minor; Emily Rogozzino, on behalf of J.R., a minor; Judith Perez, on behalf of J.C., a minor; and Shawna Diamond, on behalf of D.G., a minor.
The complaints name as defendants Gerber Products Company; Hain Celestial Group Inc.; Nestlé USA Inc.; Nestlé Enterprises S.A.; and Société des Produits Nestlé S.A., along with unidentified “Doe” defendants.
The lawsuits allege the companies manufactured and sold baby foods containing detectable levels of lead, arsenic, mercury, cadmium and aluminum, collectively referred to in the complaint as “toxic heavy metals.”
According to the complaints, the defendants “knowingly sold baby food products contaminated” with those metals despite awareness that consumption by infants can cause brain damage and neurodevelopmental harm.
The plaintiffs allege that babies are particularly vulnerable and rely on such foods for healthy neurodevelopment.
Each lawsuit asserts that the minor plaintiff consumed baby foods manufactured and/or sold by Gerber and Hain.
The complaints allege that Gerber products were manufactured under the direction or control of Nestlé entities and that the corporate defendants were involved in sourcing ingredients, setting internal limits for heavy metals and testing finished products.
The plaintiffs contend that as a direct result of exposure to toxic heavy metals in the baby foods, the children suffered brain injuries and neurodevelopmental harm that manifested in diagnoses of autism spectrum disorder.
The complaints further allege additional physical injuries, permanent impairment, emotional distress and economic losses, including medical expenses and future care costs.
The lawsuits allege that product warnings in effect at the time the foods were consumed were “non-existent, vague, incomplete and/or otherwise inadequate” to alert parents to the presence of heavy metals or the potential risks associated with exposure.
The plaintiffs claim that had adequate warnings been provided, they would not have purchased or fed the products to their children.
The allegations rely in part on a 2019 report by the nonprofit group Happy Babies Bright Futures, which tested 168 baby foods sold in the United States and reported that 95% contained at least one of four toxic heavy metals: arsenic, lead, cadmium or mercury.
The complaints also reference findings by the U.S. Food and Drug Administration and a 2021 congressional investigation by the U.S. House of Representatives’ Subcommittee on Economic and Consumer Policy.
Congressional investigators found that internal company documents and testing data revealed significant levels of heavy metals in both ingredients and finished baby food products, according to the suits.
The lawsuits allege that in some instances companies set internal limits for heavy metals that were higher than levels considered safe for infants and, at times, sold products that exceeded even those internal limits.
The complaints assert that Gerber used rice flour batches with inorganic arsenic levels above 90 parts per billion and that some rice cereal products tested above 100 parts per billion.
The lawsuits further allege that Hain sold finished products containing elevated levels of arsenic and, for a period of time, did not routinely test finished products for heavy metals.
The plaintiffs seek compensatory damages for physical and neurological injuries, pain and suffering, and economic losses, as well as punitive damages to deter future conduct. Each complaint includes a demand for a jury trial. They are all represented by Mark Schlein, R. Brent Wisner, Monique Alarcon and Pedram Esfandiary of Wisner Baum in Los Angeles.
U.S. District Court for the Middle District of Florida case number: 8:26-cv-00299, 6:26-cv-00274, 3:26-cv-00194
U.S. District Court for the Southern District of Florida case number: 1:26-cv-206610, 1:26-cv-20661
U.S. District Court for the Northern District of Florida case number: 3:26-cv-00712
