Washington: Texas Attorney General Ken Paxton has filed a lawsuit against baby food manufacturer Gerber and its parent company, Nestlé USA. The companies are accused of misleading parents about the safety of their products and failing to adequately disclose the presence of baby food that may contain concerning levels of arsenic, lead, and other toxic heavy metals.
The legal action, announced Wednesday local time, claims that Gerber claimed its products were pure, safe, and had passed rigorous testing for children, while the state alleges that the company’s internal investigation revealed high levels of toxic elements in some ingredients.
The lawsuit was filed under the Texas Deceptive Trade Practices Act, which prohibits companies from making false or misleading claims to consumers.
Allegations of Arsenic, Lead, and Cadmium Contamination in Baby Food
According to the Texas Attorney General’s Office, Gerber continues to promote its products as safe and pediatrician-recommended foods, but fails to adequately disclose the presence of heavy metals.
The lawsuit alleges that between 2017 and 2019, the company used 67 batches of rice flour containing arsenic levels more than nine times the federal standard for bottled drinking water.
According to the state, testing found cadmium levels in carrots at up to 17 times the water standard and lead levels in sweet potatoes at nearly 10 times the water standard.
However, these comparisons used drinking water standards. These standards are not specific regulatory limits for each ingredient in baby food.
Questions about mercury testing
The lawsuit also alleges that Gerber performed minimal mercury testing in its products. Furthermore, during the testing period, the company tested select ingredients rather than the majority of finished baby food.
Announcing the lawsuit, Texas Attorney General Ken Paxton said, “Gerber promised parents that its food was safe and rigorously tested. The company’s own testing revealed the presence of toxic metals in the food.”
He further stated that when a company assures parents of the safety of the food they feed their children, they will hold it accountable to ensure its promises are fulfilled.
Can Affect Children’s Health
According to the Texas Attorney General’s Office, elements such as arsenic, lead, and mercury can be harmful to the nervous system. These can pose serious health risks, especially to infants and young children, as their brains and nervous systems are developing at this age.
The state also cited tests conducted at an Alaska laboratory in 2021. According to Texas, the tests found two samples of Gerber’s rice-based baby cereal contained trace amounts exceeding the federal arsenic limit applicable to that product.
The lawsuit also mentions another manufacturer, Beech-Nut. According to the allegations, the company recalled and discontinued production of its baby rice cereal after separate tests revealed concerns about arsenic. Texas claims that Gerber did not issue a similar recall or warning and continued selling its products.
Objection to providing information via QR codes
Texas also questions the company’s current information sharing process. According to state officials, Gerber now provides testing information via QR codes printed on its product packages.
However, the state argues that providing additional information via QR codes alone does not address the alleged misleading safety claims made on the packaging. Officials say parents shouldn’t have to search for additional technical details to learn about potentially harmful ingredients in products marketed to infants.
The Attorney General’s Office also stated that Gerber has previously recalled products for plastic contamination and choking hazards, but has not recalled baby food due to heavy metal contamination.
Allegations yet to be proven in the case
This legal action by Texas comes after the state previously reached a settlement with baby food manufacturer Plum. Under that agreement, the company committed to testing its products for heavy metals, adhering to established limits, and publishing testing information.
At present, the allegations against Gerber and Nestlé have not been proven in court. The filing of a lawsuit does not establish that the companies violated consumer protection laws.
The announcement by the Texas Attorney General’s Office did not include responses from either company. Based on available information, his official position on the case could not be independently verified.