On February 5, 2021, Shub Law filed a class action lawsuit against Gerber Products Company (d/b/a Nestlé Nutrition, Nestlé Infant Nutrition, or Nestlé Nutrition North America) (“Gerber”) for allegedly failing to disclose that its baby foods contain heavy metals, including arsenic, cadmium, and lead at levels above what is considered safe for babies.
The case was filed in the United States District Court for the District of New Jersey (Newark Division) on behalf of the following proposed Classes of purchasers: A Nationwide Class, Connecticut Sub-Class, Arizona Sub-Class, Colorado Sub-Class, and a Texas Sub-Class. The case is styled as Shepard, et al. v. Gerber Products Company (d/b/a Nestlé Nutrition, Nestlé Infant Nutrition, or Nestlé Nutrition North America), Case No. 2:21-cv-01977.
GERBER NOT THE WORLD’S MOST TRUSTED NAME IN BABY FOOD?
Gerber offers more than 190 products in 80 countries, controlling between 70 and 80 percent of the baby food market in the United States. Gerber claims to be “the world’s most trusted name in baby food,” however, the four named Plaintiffs allege that Gerber does not list heavy metals as an ingredient on the Products’ label nor does it warn of the potential presence of heavy metals in the Products. Therefore, the Products’ labeling is deceptive and misleading.
An investigation by the U.S. House of Representatives Subcommittee on Economic and Consumer Policy revealed that baby foods manufactured by Gerber are “tainted with significant levels of toxic heavy metals, including arsenic, lead, cadmium, and mercury.” Specifically, the Subcommittee found that Gerber used high arsenic ingredients, using 67 batches of rice flour that had tested over 90 ppb inorganic arsenic. The Subcommittee also found that Gerber does not test all of its ingredients for cadmium, and it rarely tests for mercury in its baby foods.
The complaint further alleges that young children are particularly vulnerable to lead because the physical and behavioral effects of lead occur at lower exposure levels in children than in adults. Exposure to heavy metals causes permanent decreases in IQ, diminished future economic productivity, and increased risk of future criminal and antisocial behavior in children. Additionally, Toxic heavy metals endanger infant neurological development and long-term brain function, including damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.
Shub Law is investigating Gerber’s deceptive business practices nationwide. Additionally, Shub Law is investigating claims against numerous other purveyors of baby food for allegedly making the same and/or similar false and deceptive advertising claims relating to their baby food products.
If you want to know more about Gerber’s misleading marketing practices, or if you believe you or someone you know are/were victims of Gerber’s (or another company’s) deceptive advertising, then contact us now for a free consultation. We believe Gerber, amongst many other baby food manufacturers, have been making these representations to consumers throughout the United States. Shub Law Firm is a national leader in representing consumers, like you. We specialize in protecting consumers against deceptive marketing practices. You can reach us by email at firstname.lastname@example.org or give us a call at 856-772-7200. All consultations are free of charge.