NEW YORK, February 23, 2021 / PRNewswire / – A mother of a one-year-old boy from Staten Island has just filed a class action lawsuit against major baby food manufacturers represented by her attorneys Pollock Cohen LLP. The suit claims that some of the most popular baby foods – often marketed as “organic” – contain dangerous levels of heavy metals. Some products contain dangerous heavy metals two hundred times the safe level.
Michelle Walls similarly filed the lawsuit on behalf of herself, her son, and everyone else in the Federal District Court for the Eastern District of new York, on Wednesday 17th February 2021.
The defendants in the case include some of the best-known and largest brands in the baby food business: Beech Nut, Earth’s Best Organic, Gerber, Happy Family Organics, and Plum Organics.
The basis of the lawsuit is a February 4th reported by The United States House of Representatives Economic and Consumer Policy Subcommittee. The report found that these baby food brands contain elevated and / or dangerous levels of toxic heavy metals, including arsenic, cadmium, lead, and mercury. The FDA has set safety standards for the amount of heavy metals found in water, candy, and juice – but not in certain baby foods – and the defendants’ products exceed that level of safety enormously.
The Congressional report describes several cases in which the defendants knew that these toxic elements exceeded not only government safety guidelines but also their own internal standards.
This lawsuit is the first against multiple defendants. It is also the first company to file violations and file claims for both parents and their children. Violations on behalf of parents focus on their role as consumers: Fraudulent misleading into buying products that they have been told are safe for their children. Claims on behalf of children focus on potential health consequences and medical monitoring needs. The complaint alleges violations of New Yorks Consumer protection laws, including claims for willful misrepresentation, negligent misrepresentation, fraudulent concealment, unjust enrichment, breach of warranty, negligence, gross negligence and strict product liability.
The House’s report notes that exposure of children to toxic heavy metals can lead to permanent lowering of IQ, increased risk of future criminal and anti-social behavior, and “untreatable and often permanent” brain damage. Ms. Wall is now having her son tested. Unfortunately, it takes a full seven vials of blood to test for these heavy metals – a difficult and sometimes painful experience for any child.
The plaintiff’s lawyer, Christopher LeungA Pollock Cohen LLP partner said, “These baby food companies have known for years that their products contain high levels of toxic heavy metals. This is unacceptable and we intend to hold these companies accountable.”
The case index number is 1: 21-cv-00870.
Christopher Leung, Esq.
Partner, Pollock Cohen LLP
SOURCE Pollock Cohen LLP