Is There a Class Action Lawsuit Against Baby Food?
There is no class action lawsuit against baby food manufacturers. However, plaintiffs are filing lawsuits against baby food makers, and many are continuing to seek consolidation as a mass tort.
The plaintiffs in these suits allege that the manufacturers knew there were dangerous levels of arsenic, mercury, and other toxins in their products, and yet they did nothing to warn consumers of these dangers. You could bring a lawsuit if your child was harmed by toxic baby food.
What Are Baby Food Lawsuits About?
These lawsuits began when parents realized that the baby food they were giving to their children contained arsenic, lead, mercury, and cadmium. According to a 2021 report by the U.S. House of Representatives’ Committee on Oversight and Reform:
- The baby foods in question contain far higher levels of these dangerous metals than is safe for consumption.
- Chronic exposure to these metals can cause severe and irreversible damage to a child’s physical growth, brain development, and ability to learn.
- The food manufacturers were aware of these dangers but did nothing to warn consumers of the risks.
Many parents, rightfully angry and frightened over the threat to their children’s well-being, responded by filing product liability lawsuits against the manufacturers they believe to be responsible for the toxic chemical exposure.
Among the baby food manufacturers that have been targeted include:
- Cream of Wheat
- Parent’s Choice
- Happy Family Organics
- Sprout Foods
- And more
What Is a Product Liability Lawsuit?
In a product liability case, the plaintiff alleges that a product manufacturer endangered the public in one or more of the following ways:
- They did not run adequate tests on the product before selling it.
- The product design is inherently flawed and puts consumers at risk.
- They used hazardous materials when producing the product.
- The manufacturer knew about the dangers for a while but did not take proper action to recall the product or warn the public of the risks.
This last point is especially important. In order to get compensation, you (or your lawyer) must prove that the manufacturer knew or should have known about the danger their product posed.
Another product liability case that could potentially affect your child is the talcum powder case against Johnson & Johnson. These suits allege that J&J’s products were contaminated with asbestos.
How to Sue a Baby Food Manufacturer
If you are considering filing a lawsuit against baby food makers, it is important that you fully understand your obligations and rights under the law. A personal injury lawsuit attorney can explain such crucial factors as:
What Is the Statute of Limitations in Baby Food Cases?
You have a limited time to seek compensation for injuries related to contaminated baby food. This time limit is called a statute of limitations.
Each state sets its own statute of limitations, but they are usually between one and five years. It is in your best interest to:
- Get legal help as soon as possible.
- Let your lawyer tell you about all of the statutes and other laws that apply to your case.
- Take action quickly to preserve your right to join a case and collect damages.
How Much Is My Baby Food Case Worth?
In some cases, a liable party may contact the plaintiff with a fast settlement offer. If this seems too good to be true, it probably is: the amount they offer may not be enough to cover your losses. Worse, if you accept the offer, you cannot take further legal action against the liable party.
By hiring an attorney, you are hiring someone who can protect your rights by accurately assessing your case’s value. They may take into account injuries such as:
- The type and severity of the condition your child has been diagnosed with
- All of the ways in which that condition will affect your child’s ability to make friends, learn, get a job, and so on
- The money your family has spent on treating your child’s condition or providing them with specialized services, such as speech therapy
- The money your family has lost because you or your partner have to stay home and provide your child with extra care and attention
Your case’s worth is influenced not only by the losses you have already sustained but by the losses you expect to sustain in the future.
How Do I Prove My Baby Food Case?
Before you can recover any compensation, you or your lawyer will have to collect evidence that shows:
- The baby food was contaminated.
- Your child ate the contaminated food and subsequently developed a health condition or problem that has been linked to the toxic ingredients.
- Your child and your family have suffered in ways they would not have if the baby food manufacturer behaved responsibly.
You or your lawyer must then present your evidence to the liable party’s representatives and possibly to a judge and jury. An attorney can help you collect evidence from:
- Your child’s medical records
- Your child’s doctor
- Other medical professionals who specialize in your child’s condition
- Family members or friends who can testify that you purchased the contaminated baby food and/or speak to your child’s condition
- Bills, receipts, paystubs, or personal communications that indicate the monetary cost of your child’s condition
Should I Join a Mass Tort Lawsuit?
Just because there is no existing class action or multidistrict litigation (MDL) against baby food does not mean that there will be no mass tort against baby food makers. You may qualify to join an MDL or class action case in the future.
A personal injury lawyer would be happy to work with you to figure out how to best approach your case. This may involve:
- Providing you with a free case review
- Building a strong case file by collecting documentary evidence and interviewing pertinent witnesses
- Contacting the baby food manufacturer to let them know you are suing
- Adding your case to a future mass tort, if applicable
- Negotiating hard for the money you need and/or representing your case in the courtroom
Learn More About Baby Food Lawsuits Today
Has your child been diagnosed with a neurological disorder or other condition after consuming baby food that contains toxic materials? A mass torts lawyer from our network can let you know if an MDL or class action lawsuit forms against baby food that you qualify to join. Find out more by filling out our contact form now.