Toxic Baby Food Autism Lawsuits

Who is being accused?

The baby food autism and ADHD lawsuits have named some of America’s largest baby food manufacturers, including:

• Gerber
• Hain Celestial (Earth’s Best Organic)
• Walmart (for its store-brand baby foods)
• Plum Organics
• Beech-Nut
• Sprout

Gerber has faced many allegations of disregarding product safety and labeling protocols over the years. But more recently, they have faced allegations of mislabeling and failing to warn parents.

In 2015, Gerber was named in a lawsuit filed by the Federal Trade Commission (FTC) for mislabeling. Gerber falsely claimed that its Good Start Gentle formula could prevent or reduce the risk of allergies. The FTC challenged that these claims were not scientifically proven.

The following year, in 2016, Gerber faced a recall due to a choking and allergy hazard over specific batches of their Cheese Ravioli Gerber Pasta Pick-Ups. The packaging failed to disclose that the product contained eggs, which posed an allergy risk, and the product’s shape and size caused a potential choking hazard.

The current allegations, which began in 2021, accuse Gerber, among others, of abnormally high levels of toxic metals in several of their baby foods, which potentially contributed to developmental disorders in children like autism and ADHD.

Gerber is obviously one of the largest leading brands of baby food in the U.S., so it has naturally faced some accusations. Some of the smaller companies have also faced past accusations, and some of them have not.

There are no well-documented allegations against Earth’s Best Organic, Walmart store-brand baby foods, or Sprouts-brand baby foods.

However, Plum Organics has issued voluntary recalls of their baby food products in the past. In 2013, they recalled a bunch of their products in pouches due to a manufacturing defect that could cause spoilage.

Beech-Nut has also dealt with other problems, like in 2015, when it voluntarily recalled some of its baby food products after a consumer found glass in one of their products.

Heavy Metals in Baby Food Accused of Causing Autism and ADHD

Over the last couple of years, whether heavy metals in baby food products cause autism and ADHD has been a cause for concern. This has caused scientists, federal regulators, and other organizations like Consumer Reports to investigate these serious allegations. But what exactly is autism and ADHD?

What is Autism Spectrum Disorder (ASD)?

Autism Spectrum Disorder (ASD) is a complex developmental condition that involves life-long challenges in social interaction, speech and nonverbal communication, and restricted and/or repetitive behaviors. 

Autism is usually a life-long condition and manifests itself differently in almost every person, which is why autism is considered a “spectrum.” The types, symptoms, and severity are more varied than almost any other disorder. 

The DSM-5, which is used to diagnose mental conditions, now classifies ASD as a single diagnosis that includes other conditions that used to be separate, including Autistic Disorder, Asperger Syndrome, Childhood Disintegrative Disorder, and Pervasive Developmental Disorder Not Otherwise Specified (PDD-NOS). This is yet another indicator of how hard it can be diagnosed and the many ways it can manifest.

Usually, autism is diagnosed in early childhood. Awareness of the condition has allowed for earlier diagnosis and intervention, usually between 2-5 years old, which can result in improvements. The key is to get them to help with their learning, speech, social skills, etc., rather than just letting them go unchecked. 

What is Attention Deficit Hyperactivity Disorder (ADHD)?

Attention Deficit Hyperactivity Disorder (ADHD) is a neurodevelopmental disorder that is characterized by consistent inattention and/or “hyperactive-impulsive” behavior that interferes with a child or person’s development and functioning. ADHD symptoms typically appear in children, often by the age of 12, and usually continue into adulthood. There are medications that can treat ADHD, but unfortunately, a medicine that is not steeped in side effects has not been fully developed.

Unlike autism, ADHD is easier to notice, and it is more understood by the medical community. 

You may remember that ADHD and ADD used to be two separate disorders, but more recently, all of the versions of attention disorders have been combined and simply separated into three types based on the main symptoms. These include Predominantly Inattentive Presentation, Predominantly Hyperactive-Impulsive Presentation, and Combined Presentation.

Just like autism, early diagnosis and intervention can make a big difference in how the disorder affects children both during childhood and into adulthood.

What Causes ADHD and autism?

The exact causes of autism and ADHD are not fully understood, but research has shown that the causes are complex and likely involve a combination of factors, including genetic, biological, and environmental. Some genetic mutations appear to be inherited, and others seem spontaneous. In ADHD, it may also be passed down from the parents.

There is also evidence of biological factors, including differences in brain structure or function. In people with ASD specifically, their neurotransmitter systems or hormonal imbalances may contribute to the cause.

Older parents, pregnancy or birth complications, and prenatal exposure to toxins, drugs, and alcohol are also risk factors.

Finally, environmental factors have been shown to contribute to autism and ADHD. These factors may include infections, medications, pollution, and exposure to heavy metals like lead,  arsenic, cadmium, and mercury. These metals may be found in old paint, pipes, and baby foods.

In ADHD specifically, early childhood trauma or stress can contribute to the onset of ADHD symptoms.

Despite extensive research, no single cause for ASD and ADHD has been identified, and it’s likely that it’s a combination of these factors. 

Nobody is saying that toxic heavy metals in baby food are the only cause of autism or ADHD or that all babies who eat the products listed in the lawsuit will definitely develop autism or ADHD. The autism baby food lawsuits are about holding baby food manufacturers accountable for failing to warn consumers, failing to provide a safe product, negligence, and making money off the whole thing. 

Although autism and ADHD are not fully understood, and their causes are not fully understood, it doesn’t mean that companies can produce dangerous products that they know to contain harmful toxins that have been proven to contribute to developmental disorders.

What Toxic Metals Are In Baby Food?

As we have mentioned, heavy metals such as lead, arsenic, cadmium, and mercury have been found at high levels in some commercial baby foods and may be linked to the development of autism spectrum disorders (ASD) in children. These metals are known neurotoxins and can interfere with brain development in critical early stages.

• Arsenic: Inorganic arsenic is the most concerning form of the metal, and it can be present in fruits and vegetables like rice, sweet potatoes, and carrots. Arsenic is the most common toxic metal found in foods.
• Lead: Lead contamination comes from the soil and from older processing equipment.
• Cadmium: Cadmium can be absorbed by crops from contaminated soil or water.
• Mercury: While less common in baby food compared to the others, mercury exposure can happen through bioaccumulation in fish. Though it is less common, there are many common baby foods that contain mercury.

What Baby Foods Contain Heavy Metals?

Some of the baby foods that contain high levels of heavy metals are rice puff snacks, teething biscuits, and rice rusks.

How Do Heavy Metals Get Into Baby Foods?

The most common way that toxic metals get into baby foods is contamination from the source. Heavy metals like lead, arsenic, cadmium, and mercury occur naturally in soil and rocks. They can be absorbed by plants grown in contaminated soil or taken up through irrigation water. This is why it’s so important that the source product, like rice, is grown safely and that everything is tested.

Industrial activities and the use of certain pesticides can release heavy metals into the environment, further contaminating soil and water sources and, again, getting absorbed into the plants that are harvested and turned into baby food.

Contamination can also happen during processing and packaging. Older processing equipment or components used in manufacturing can leak metals into the food. The lining of certain storage containers, especially if not properly regulated, may contain trace amounts of heavy metals that can leach into the food.

It’s important to note that organic baby food isn’t necessarily free from heavy metal contamination. While organic growing practices can reduce exposure to pesticides and other chemicals, they can’t control the natural presence of heavy metals in the soil or what might happen during processing and packaging.

What Can I Be Compensated for in the Baby Food Lawsuits?

We are seeking compensation for the direct and indirect harms and losses suffered by our clients, including:

Medical Expenses

This includes all current and future medical bills related to the child’s diagnosis and treatment, such as occupational, physical, and speech therapy, doctor visits, medications, and special equipment.

It also covers projected costs of ongoing medical care throughout the child’s life, considering potential future needs and inflation.

Educational Expenses

Educational needs and costs must be taken into account in cases involving developmental issues in children. This includes costs associated with specialized educational schools, programs, tutors, and other aides to support the child’s learning.

This can include current educational costs and future costs, depending on the age of the child.

Lost Wages

Lost wages can include wages that the parents were unable to earn because of their child’s needs. It also takes into account the loss of earning capacity, which compensates for the child’s potential future loss of income due to their developmental disorder.

Pain and Suffering

Pain and Suffering is not a tangible amount of money that can be calculated with receipts and projections. This compensation is more about the pain, discomfort, embarrassment, and inconveniences that the families and children will face.

This includes the physical and emotional pain the child and parents endure due to any disorders the child develops. This can also include loss of enjoyment of life, which compensates for the impact the disorder has on the child’s ability to participate in activities, socialize, and experience life at the same level as their peers.

Punitive Damages

Punitive damages refer to monetary compensation that is intended to punish the wrongdoer for their misconduct and, importantly, to deter other similar companies and industries from engaging in similar conduct.

Other Damages

In cases of this complexity, damages can include many other costs.

• Out-of-Pocket Expenses
• Parental Care Costs
• Emotional Distress
• Sibling Impact

Not all affected plaintiffs will receive al of these damages. What each families receives depends on the specific details of individual case.