Texas Attorney General Ken Paxton has filed a lawsuit against Gerber Products Company and its parent company, Nestlé USA Inc., accusing them of misleading parents about the safety of their baby food. The lawsuit, announced on Wednesday (October 14), claims that Gerber’s own tests revealed high levels of arsenic and lead in their products, despite marketing them as safe and rigorously tested.
According to KVUE, the lawsuit alleges that from 2017 to 2019, Gerber used rice flour with arsenic levels more than nine times the federal limit for bottled water. Additionally, the company’s carrots and sweet potatoes reportedly contained excessive amounts of cadmium and lead, respectively. Paxton’s complaint also highlights that Gerber rarely tested for mercury and often tested only selected ingredients rather than the finished products.
The lawsuit, filed in Collin County, Texas, seeks more than $10 million in civil penalties under the state’s deceptive trade practices and consumer protection law, as reported by Bloomberg Law. Paxton emphasized the importance of holding companies accountable for their promises about baby food safety.
Gerber has disputed the allegations, stating that their products meet the Food and Drug Administration’s (FDA) limits for heavy metals. The company acknowledged that while heavy metals cannot be completely eliminated from food, they are committed to reducing their presence through ingredient sourcing, supplier requirements, testing, and quality controls. Gerber supports the FDA’s “Closer to Zero” initiative aimed at reducing childhood exposure to toxic metals, according to The Hill.
The lawsuit follows a 2021 congressional investigation that scrutinized the presence of heavy metals in baby foods, revealing high levels of arsenic, lead, and cadmium in Gerber products. The case is expected to proceed in the 494th District Court in Collin County, Texas.
Dining and Cooking