Toxic Baby Formula Lawsuits & Toxic Baby Food Class Actions
Toxic baby formula lawyers filing lawsuits against popular baby product manufacturers are making national headlines as recent reports have brought to light various toxins contained in the majority of baby foods and formulas on the market. These toxic baby food lawsuits and toxic baby formula lawsuits divide into two different types of claims: claims that certain baby formulas marketed to premature babies have been linked to an increase in the likelihood of developing NEC and claims that certain baby foods contain dangerous levels of metals and arsenic that can lead to children developing conditions such as ADD, IQ loss, behavioral issues and/or learning disabilities. Talk to a toxic baby formula lawyer to learn more about your legal rights. Call 800-298-0111 to be connected with an attorney.
Bellwether Trials On the Horizon for Baby Formula NEC Cases
Twelve cases have been selected for discovery and preparation as bellwether trials. Of those 4 were selected by each side and 4 by the Judge. The first bellwether trial is set to take place on March 11, 2024. Thus, if your premature baby developed NEC after consuming the Similac or Enfamil products below, you may still have time to make a claim.
Similac and Enfamil Formula Lawsuits
Mead Johnson & Company and Abbott Laboratories, the makers of Similac and Enfamil, are facing toxic baby formula lawsuits from people whose premature babies developed necrotizing enterocolitis (NEC) after being fed certain products that have been linked to NEC development. Doctors commonly recommend that premature babies be fed formula for their development. However, scientific studies going back as far as the 1990’s have shown a link between certain cow-based baby formulas and necrotizing enterocolitis, a serious and potentially life-threatening condition that can lead to perforation of the intestines.
Studies have suggested that the following cow-based baby formulas may increase your baby’s risk of developing necrotizing enterocolitis:
- Similac Special Care 20
- Similac NeoSure
- Similac Special Care 24
- Similac Special Care 30
- Similac Special Care 24 – High Protein
- Similac Liquid Protein Fortifier
- Enfamil Human Milk Fortifier
- Enfamil NeuroPro EnfaCare
- Enfamil 24 Cal
Some studies suggest that premature babies using those formulas could be 6-10 times more likely to develop NEC. Forbes recently published a full list of formulas named in the lawsuits.
What is necrotizing enterocolitis?
Necrotizing Enterocolitis (NEC) is a medical condition affecting one in one-thousand premature babies. The intestinal tissue becomes inflamed resulting in tissue death. When this happens, a hole in the intestine may form and allow bacteria to escape into the abdomen and/or bloodstream. The condition can be mild or it may be life-threatening. Babies developing NEC have an 80% survival rate but may require extensive or even life-long medical treatment for complications. It normally occurs in less than 5-10% of premature babies,
What are the symptoms NEC?
The most common symptoms of NEC are:
- Pain and swelling in the abdomen.
- Changes in the baby’s heart rate, body temperature, breathing patterns, and/or blood pressure.
- Loss of appetite.
- Diarrhea and rectal bleeding.
- Not gaining weight.
- Lack of energy.
- Swelling, redness, and tenderness of the stomach can also occur.
Toxic Baby Formula Lawyer
If your baby was born premature, developed, and suffered injury or death from necrotizing enterocolitis, and was fed the above baby formulas in the hospital or the hospital sent you and your baby home with those foods, you may be entitled to legal recourse. Talk to a toxic baby formula lawyer to determine your rights or call us at 800-298-0111 to be connected with a lawyer who handles baby formula lawsuits.
Toxic Baby Food Lawsuits
In addition to the lawsuits for toxic baby formula, there have been several toxic baby food class-action lawsuits filed alleging that certain baby foods contain dangerous levels of metals and arsenic that can lead to children developing conditions such as ADD, IQ loss, behavioral issues and/or learning disabilities. These lawsuits involve a different group of baby product manufacturers and a different set of injuries.
Studies and Investigations of Toxic Metals in Baby Food
Toxic baby food lawyers are relying heavily on independent studies and sciences in establishing their claims against various baby food makers for selling toxic baby food with dangerous amounts of metals in them. A 2019 study reported by a consumer advocacy group called Healthy Babies Bright Futures found that 95% of the baby foods they tested contained lead, cadmium, arsenic, and mercury. Independently, the Clean Label Project nonprofit tested 530 baby food products and found 65% of products tested positive for arsenic, 36% for lead, 58% for cadmium, and 10% for acrylamide. These findings have not been published in a peer-reviewed journal.
Additionally, On February 4, 2021, the U.S. House of Representatives Subcommittee on Consumer and Economic Policy released a report entitled “Baby Foods are Tainted with Toxic Levels of arsenic, lead, cadmium, and mercury.” To perform the study, the Subcommittee requested testing data and information pertaining to 7 of the largest baby food makers in the United States. Four of those companies complied with the requests. Shockingly, the remaining companies refused to cooperate—raising questions as to what might be lurking in their baby food products.
The companies that complied were:
- Nurture, Inc. (Nurture), which sells Happy Family Organics, including baby food products under the brand name HappyBABY
- Beech-Nut Nutrition Company (Beech-Nut)
- Hain Celestial Group, Inc. (Hain), which sells baby food products under the brand name Earth’s Best Organic
The other three companies that refused to cooperate with the Subcommittee’s requests were:
- Campbell Soup Company (Campbell), which sells baby food products under the brand name Plum Organics
- Walmart Inc. (Walmart), which sells baby food products through its private brand Parent’s Choice
- Sprout Foods, Inc. (Sprout Organic Foods)
Out of the four manufacturers that responded, all four contained lead, cadmium, and arsenic. Only one of those four actually tested for mercury—Nurture (HappyBABY) and it found 10ppb mercury. The subcommittee expressed concern over what the three companies refusing to cooperate might have in their products. On April 29, 2021, the New York Attorney General sent letters to several baby food manufacturers requesting information on high levels of Arsenic found in infant rice cereal products. Those manufacturers included: Berber, Beech-Nut, Earth’s Best Organic (Hain), and HappyBaby (Nurture).
Potential Injuries From Toxic Metals in Certain Baby Foods
Each of the metals being investigated in baby food can be harmful to humans if the exposure exceeds minimal amounts, but there is particular concern regarding how they may affect developing children. The following is a list of some of the harms the various metals can cause:
- Arsenic: The EPA standard for arsenic in drinking water is no more than 10 micrograms per liter is allowed. Exposure to even low amounts, however, may increase your risk of developing bladder, lung, and skin cancers. It is also believed to pose a risk of causing brain damage and nervous system damage, IQ deficits, cognitive deficits, and other neurological problems.
- Lead: Lead is a heavy metal that accumulates in the body over time. Consumption of lead in excess amounts of those allowed by the EPA can lead to brain damage, IQ deficits, attention deficits, and behavior problems.
- Cadmium: Cadmium is another metal like Lead that accumulates in the body over time. Excess exposure may cause neurotoxicity, damage to the kidneys, cardiovascular injury, learning disabilities, bone damage, and/or cancer.
- Mercury: An excess of the metal mercury may lead to loss of vision, IQ deficits, impaired memory, and/or cardiovascular disease.
Baby Food Class Action Lawsuits
A number of baby food class-action lawsuits have been filed against manufacturers such as Gerber Products Company, The Hain Celestial Group, Inc., Nurture, Inc., and Beech-Nut Nutrition Company. These class-action lawsuits are pending in Illinois and New York Federal Courts. On March 2, 2021, a group of plaintiffs filed a complaint that the above companies caused their children to develop autism. At least 43 more lawsuits have been filed as well in other states including a recent group file in Nevada.
What type of attorney handles a toxic baby formula lawsuit?
Toxic baby formula lawsuits are generally handled by product liability attorneys. Anytime you are suing a manufacturer for making and selling a dangerous product, a product liability lawyer may be able to help.
Talk to a Toxic Baby Formula/Food Attorney in Houston, TX
Allegations in the above lawsuits span from negligence and failure to warn claims to deceptive trade practices act violation claims. If you suspect toxic baby food may have led to the above conditions developing in your child, speak with a toxic baby food lawyer to learn your rights. Call us to get connected today at 800-298-0111. Cases may be referred to or associated with other counsel with the client’s permission for optimum handling.