A group of parents, on behalf of their children, filed a complaint against Beech-Nut Nutrition Company, Nurture Inc., and Plum Inc. last week, alleging the defendants are liable for product liability and negligence issues.
This case involves the aforementioned companies, each of which — according to the complaint — knowingly sold baby food products contaminated with high levels of toxic heavy metals like mercury, lead, arsenic, and cadmium. The plaintiffs are consumers who purchased the defendants’ products, trusting that the baby foods are free from such toxins.
The complaint explained that in February 2021, the U.S. House of Representatives’ subcommittee on Economic and Consumer Policy, Committee on Oversight and Reform released a report containing details regarding the defendant’s baby foods. The Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA) have set maximum allowable levels of unsafe chemicals in foods and drinking water. According to the report, the baby food’s arsenic content is 91 times the allowable amount, lead content is 177 times the allowable amount, cadmium content is 69 times the allowable amount, and mercury content is 5 times the allowable amount.
The report also noted the risks children who are exposed to the toxins face: a permanent decrease in IQ, diminished future economic productivity, increased risk of future criminal and antisocial behavior, affected and endangered neurological development and long-term brain function, etc.
The plaintiffs seek the following for relief: an order certifying the Class for the complaint and designation of the plaintiffs as Class representatives, an award of compensatory damages awarded to plaintiffs and Class members, an award of restitution and disgorgement of all profits, and award of declaratory and injunctive relief, exemplary and punitive damages, pre-and-post judgement interest, an award of attorney’s fees, and and further just relief.
Specific charges levied against the defendants include failure to warn about product liability, negligence in product design, manufacturing, and misrepresentation, violations of the Business and Professions Code Sections, violation of California Consumer LEGAL Remedies Act, and quasi-contract/unjust enrichment.
The plaintiffs are represented by Beverly Hills Trial Attorneys, P.C..
