Heavy metals occur naturally in the environment, more specifically in the earth, and they cannot degrade. While some heavy metals are essential for the proper functioning of our bodies as trace elements such as selenium, copper, and zinc, when they exist in great amounts, they put our health at high risk.
In children, exposure to high concentrations of heavy metals can be fatal. Nevertheless, exposure to lower concentrations over the course of several years, which is how it occurs in the case of being fed baby food, can lead to the development of autism spectrum disorders. This is because heavy metals are neurotoxins that affect the normal development of the brain and cause deficits in cognitive function and behavioral performance.
To become eligible to file a toxic baby food claim, parents must have fed their baby one or multiple food products mentioned on this page.
Moreover, their child must have been diagnosed with one of these autism spectrum disorders before the age of 15:
Naturally, when mothers finish breastfeeding their babies, roughly 90% of them will buy formula and baby food from the store as a new form of nourishment for their child.
However, for several decades, heavy metals have been lurking in baby food and when parents become aware of this alarming issue, safe, non-toxic sources of sustenance must be found for the child. Many parents had not been aware of the presence of neurotoxins in baby food until recently. For this reason, if a parent fed their baby some of these products and the child later developed a disorder on the autism spectrum, they have the right to file a claim for compensation.
Interestingly, 1 out of 44 children born in and after 2010 has autism (source: Centers for Disease Control and Prevention). This means that over 2% of the children in the country struggle with autism, or 596,852 young individuals. Since 2008, there have been 54,730,000 births in the U.S. The average age of diagnosis for disorders on the autism spectrum is 5. The prevalence of autism may have a link to the presence of neurotoxins in baby food, as these hazardous substances take a heavy toll on the development and cognitive function of a child. If a parent is in the situation above, they should reach out to our legal team, as we have been pursuing cases like yours for over 25 years, by virtue of which we have the necessary experience, knowledge, and resources to obtain the most favorable outcome for the child.
Baby foods with dangerous levels of neurotoxins that are currently on the market
A recent investigation led by Healthy Baby's Futures, a consumer advocacy group, selected 168 individual containers of 13 different food types under 61 baby food brand names. The researchers tested for the four heavy metals and also for perchlorate, and the results were shocking and appalling - only 9 out of the 168 containers had no neurotoxin. These are the brands of baby foods, as well as the name of the products, that contain dangerous levels of neurotoxins (source: House Committee on Oversight and Reform):
- Beech-Nut Rice Single Grain Baby Cereal
- Beech-Nut Oatmeal Whole Grain Baby Cereal
- Beech-Nut Organics Just Carrots
- Beech-Nut Classics Sweet Carrots
- Beech-Nut Classics Sweet Potatoes Stage 2
- Beech-Nut Classics Mixed Vegetables Stage 2
- Earth's Best Organic Sensitivity DHR/ARA Infant Formula with Iron
- Earth's Best Organic Whole Grain Rice Cereal
- Earth's Best Organic Sesame Street Peanut Butter Baked Corn Puffs
- Earth's Best Organic Spinach and Potato Baby Food 6 months
- Gerber Multigrain Cereal
- Gerber Rice Single Grain Cereal
- Gerber Oatmeal Single Grain Cereal
- Gerber Whole Wheat Whole Grain Cereal
- Gerber Barley Single Grain Cereal
- Gerber Diced Carrots Veggie Pickups
- Gerber Carrot Sitter 2nd Food
- Gerber Carrot Supported Sitter 1st Goods
- Gerber Sweet Potato Supported Sitter 1st Foods Tub
- Gerber Sweet Potato Sitter 2nd Foods
- Gerber Fruit & Veggie Melts Truly Tropical Blend Free
- Gerber Arrowroot Biscuits
- HappyBABY Organic Oats & Quinoa Baby Cereal Whole Grains with Iron
- HappyBABY Organic Baby Cereal, Clearly Crafted Whole Grains
- HappyBABY Organic Simple Combos Apples, Spinach & Kale
- HappyBABY Superfoods Puffs - Apple & Broccoli Organic Snack
- HappyBABY Superfood Puffs - Sweet Potato & Carrot Organic Snack
- HappyBABY Organic Rice Cakes Puffed Rice Snack
- Plum Organics Mighty Morning Bar
- Plum Organics Teensy Snacks Berry
- Plum Organics Grow Well Tummy
- Plum Organics Grow Well Muscle
- Plum Organics Little Teethers
- Plum Organics Mighty Snack Bars
- Parent's Choice Organic Strawberry Rice Rusks
- Parent's Choice Little Hearts Strawberry Yogurt Cereal Snacks Stage 3
- Parent's Choice Carrot Stage 2
- ProSobee Soy Infant Formula, Milk-Free Lactose-Free Powder
- Infant Formula Milk-Based with Iron
- Similac Soy Isomil
- Similac Advance OptiGRO Powder
- Similac 360 Total Care
- Similac Pro Advance
- Organic Quinoa Puffs Baby Cereal Snack – Apple Kale
- Organic Crispy Chews Red Fruit Beet & Berry with Crispy Brown Rice
- Organic Crispy Chews Red Fruit Beet & Berry with Crispy Brown Rice
- Prunes Organic Baby Food
- Carrot Apple Mango Organic Baby Food
- Comforts Blueberry Little Puffs Cereal Snack
- Simple Truth Organics Whole Grain Puffs Broccoli & Spinach
- Baby Mum-Mum Banana Rice Rusks
- Baby Mum-Mum Vegetable Rice Rusks
- Cream of Wheat Instant Original
- Kitchdee Organic Baby Cereal Rice and Lentil
- Baby Munchables Organic Teething Wafers
- Harvest Hill Instant Oatmeal, Maple & Brown Sugar
- Lil’ Dutch Maid Saltine Crackers
- Nostalgia Marias Cookies Galletas
- Bio-Kinetics Brown Rice Organic Sprouted Whole Grain Baby Cereal
- Animalitos Galleta Crackers
- Organic Brown Rice Cereal
- Mac & Cheese Dinner Original Flavor
- Organic Quinoa Cereals:Quinoa &Sweet Potato & Raisin
- Breakfast Biscuits Golden Oat
- Love My Veggies Bowl, Cheese & Spinach Ravioli with Organic Marinara Sauce
- 100% Pressed Fruit Snacks & Probiotics Pomegranate, Blueberry & Acai
- Apple Rice Rusks Baked Rice Snack
It is important to mention another neurotoxin in the context of tainted baby food, namely perchlorate. Any concentration greater than 1 ppb of perchlorate in baby food or drinking water can put the health of a child at high risk. While perchlorate is not a heavy metal itself, it is a strong oxidizer that will accelerate the release of heavy metals in the soil. Therefore, it can be present in baby food along with heavy metals.
What are the concerning levels of neurotoxins in baby food?
Unlike baby food with dangerous concentrations of heavy metals, these products contain a smaller amount of neurotoxins but are still deemed unsafe. Therefore, parents who have fed their infant or toddler the baby foods on this list qualify for filing a claim too.
Firstly, it is important to define what a concerning level of heavy metals is when it comes to baby food. These are the official concerning amounts of neurotoxins in baby food:
- arsenic: 40 to 75 ppb
- lead: 7 to 17 ppb
- mercury: 1 to 3 ppb
- cadmium: 10 to 25 ppb
FDA limits and regulations for toxicity in baby food
Regrettably, the FDA has limited and regulated the presence of only SOME heavy metals in baby food, which leaves a lot of manufacturers free to skip checking the level of neurotoxins in their products.
In October of 2021, Attorney General William Tong joined 23 other attorneys general petitioning the FDA to protect the health and wellbeing of children across the country by prompting actions to eliminate heavy metals from baby food.
The petition is a response to the rising alarm regarding the health hazard of heavy metals in baby food and the failure of companies and suppliers to reduce the risks. The following are the FDA limits with regard to the four heavy metals of concern found in a wide range of baby food expressed in parts per billion (ppb):
- arsenic: the limit is 100 ppb, but it only applies to rice cereals made for infants and not to other types of baby food
- lead: there is no limit when it comes to lead in baby food at the moment, but the limit in drinking water is 5 ppb
- cadmium: no limit has been set by the agency for cadmium in baby food, but the limit is also 5 ppb for drinking water
- mercury: the agency has not enforced any limit concerning mercury as well, but for drinking water, the limit is 2 ppb
Earlier this year, the Food and Drug Administration said that it was taking actions "to remove from the market certain products that contain detectable levels of lead with little to no nutritional value, and those containing cadmium." The agency also claimed that it "has taken at least 20 regulatory actions against infant formula and baby food manufacturers for violating current good manufacturing practices in the last year alone" and that "the federal watchdog agency cited poor product quality control as a major reason for these violations."
The Baby Food Safety Act of 2021
Nevertheless, on March 26, 2021, the bill known as the Baby Food Safety Act was introduced in the House by Congressman Raja Krishnamoorthi with the purpose of establishing the maximum concentrations allowable of the four heavy metals in infant and toddler food, which is defined as products sold for children up to 36 months old (source: Congress). Here is what this bill proposes in respect of the permissible limit of heavy metals in baby food:
- arsenic: 10 ppb inorganic arsenic cap on baby food in general with a 15 ppb inorganic arsenic cap on infant cereal
- lead: 5 ppb lead cap on baby food and 10 ppb lead cap on infant cereal
- cadmium: 5 ppb cadmium cap on baby food and 10 ppb cap on infant cereal
- mercury: 2 ppb mercury cap on all baby food
Seven months after releasing the report concerning the presence of heavy metals in popular brands of baby food, the initiator of the Baby Food Safety Act of 2021 had his subcommittee on economic and consumer policy issue a follow-up alleging that the industry "consistently cut corners and put profit over the health of babies and children."
The Baby Food Safety Act of 2021 has not yet passed the Senate so that it can move forward, which means that it is pending. We should expect to hear updates about it within the following months. If it becomes effective, the risk of children developing autism spectrum disorders will significantly diminish, and baby food will become completely safe to consume for infants and toddlers.
Finally, to help families whose children have been fed any brand of tainted baby food, we took the initiative to set up a baby food replacement initiative. Also, if a child has any of the qualifiable diseases, parents may also want to visit our testing requests page.
A timeline of studies, recalls, and lawsuits concerning toxic baby food
By now, at least 86 lawsuits have been filed by outraged and appalled parents across the country against manufacturers of baby food whose products contain dangerous concentrations of heavy metals. However, the burning issue of arsenic, cadmium, lead, and mercury in infant and toddler food is not really new, as there have been multiple studies and lawsuits with regard to it over the past decade, as follows:
- October 21, 2021: On October 21, a coalition of 24 Attorneys General petitioned the Food and Drug Administration to prioritize setting maximum limits for heavy metals in baby food. Their petition criticized the agency because its Closer to Zero plan to minimize the concentration of heavy metals in infant and toddler food does not include sufficiently aggressive timelines for reducing the levels of cadmium, arsenic, lead, and mercury in these products. The attorneys urge the Food and Drug Administration to immediately set interim proposed action levels, which refers to the limit of heavy metals at or above which the agency must remove baby food from the market. While the coalition applauded the agency for its Closer to Zero plan, the attorneys believe that many of the timelines are too far off when action to protect children is necessary as soon as possible.
- October 8, 2021: Maple Island Inc. announced that it recalls three lots of Parent’s Choice Rice Baby Cereal because of high levels of arsenic in the products. The 8 oz. lots that were subject to recall were sold after April 5, 2021, and were Lot 21083 with UPC Code #00681131082907 with a best if used by date of JUN 24 2022, Lot 21084 with UPC Code #00681131082907 with a best if used by date of JUN 25 2022, and Lot 21242 with UPC Code #00681131082907 with a best if used by date of NOV 30 2022.
- September 29, 2021: The results of a second congressional report on heavy metals in baby food, New Disclosures Show Dangerous Levels of Toxic Heavy Metals in Even More Baby Foods, were made public. Following the release of the February 4 congressional report on the same issue, the 3 baby food companies that had initially refused to cooperate with the investigators decided to share their internal practices and study results with the Subcommittee on Economic and Consumer Policy. Upon providing its test results, Plum Organics was found guilty of allowing high concentrations of heavy metals in the baby food that went on the market. Walmart provided documents revealing a concerning lack of attention to the heavy metal content in baby food and the abandonment of its previous strict, protective standards. The documents Sprout provided displayed a lax approach to testing for heavy metals, too.
- September 23, 2021: Two mothers, Hannah Dempsey and Kathleen Hood filed a lawsuit against Gerber, alleging that the high levels of heavy metals in the baby food made by the company put their babies, as well as other children, at great risk of developing autism spectrum disorders. The class-action lawsuit was filed in the U.S. District Court for the Eastern District of Virginia on September 23, accusing Gerber of hiding the fact that their products had dangerous concentrations of arsenic, lead, cadmium, and mercury.
Beech-Nut Nutrition Company issued a voluntary recall on one lot of Beech-Nut Stage 1, Single Grain Rice Cereal, as it contained a level of arsenic that was above the safe limit. The specific Beech-Nut Single Grain Rice product (UPC Code# 52200034705) that was recalled has 01 MAY 2022 as expiration date and product codes 103470XXXX and 093470XXXX. Additionally, the company decided to exit the market of baby food indefinitely.
April 8, 2021: The Food and Drug Administration came up with the Closer to Zero plan, which is meant to “reduce exposure to toxic elements from foods eaten by babies and young children to as low as possible.” The agency’s strategy entails four steps and would come to fruition in 2024 or even later, which is why it has been criticized by many. Indeed, the Closer to Zero plan is unnecessarily lengthy and does not involve radical action, as it should, considering that developing children across the country need clean, non-toxic food as soon as possible. The strategy of the Food and Drug Administration is also problematic because it fails to consider the cumulative effect of heavy metals on children’s neurodevelopment.
The House Committee on Oversight and Reform made public the report Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury, which reveals the results of a study conducted in 2020 on numerous baby food companies in the country with the purpose of measuring the concentration of heavy metals in these products. Some of the companies that were found to have dangerous levels of heavy metals in their baby food were Gerber, Beech-Nut, Earth’s Best Organic, Sprout, Plum Organics, and Parent’s Choice. Subsequently, a complaint was filed by enraged consumers who had purchased these brands of baby food and fed the products to their children, many of whom later developed autism.
The non-profit organization Healthy Babies Bright Futures published “What’s in My Baby Food?”, a report focusing on the presence of heavy metals in baby food. It revealed that a whopping 95% of the baby food examined had dangerous concentrations of arsenic, cadmium, lead, and mercury. Only 9 out of the 168 baby food containers tested had no trace of heavy metals. The organization conducted the test on 13 different food types under 61 baby food brand names. To comprehend how serious the problem is, let the fact that one in four baby foods contained all four heavy metals sink in.
A study led by Consumer Reports also found alarming levels of heavy metals in baby food. The researchers examined 50 nationally distributed packaged baby foods and tested the products for cadmium, arsenic, mercury, and lead. Shockingly, every product had measurable concentrations of at least one heavy metal, and 68% had concerning levels of at least one heavy metal. Moreover, 15 of the foods analyzed would greatly endanger the health of the baby if they were fed one serving or less of these products a day. Lastly, snacks and products containing sweet potatoes and rice were especially likely to have a high concentration of heavy metals, and organic foods were as likely to have toxic agents as regular baby food.
The study of a non-profit organization, Clean Label Project, found that up to 30% of baby food contains lead and other toxic agents, such as mercury, arsenic, pesticides, and acrylamides. The American Academy of Pediatrics had previously brought to the attention of the Food and Drug Administration this problem and urged it to change the standards and to recognize that there is no safe limit of lead in baby food. However, this study had numerous other findings. Over 50% of infant formula contained arsenic, while soy-based infant formula had a concentration of cadmium seven times higher than other products. Finally, more than 50% of products claiming to be BPA-free tested positive for this harmful agent.
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