Baby Food Mass Tort Marketing Campaigns

A federal judge in Illinois has denied without prejudice a preemption motion from Mead Johnson & Company, thus clearing the way for the first federal bellwether trial in the baby formula NEC MDL.

 
Mead Johnson moved to dismiss a defective design claim in which a woman alleges the company’s premature infant formula caused her son to develop deadly necrotizing enterocolitis (NEC).

 
Judge Rebecca Pallmeyer of the U.S. District Court for the Northern District of Illinois rejected Mead Johnson’s argument that the Infant Formula Act preempts the claim because there is no indication that the Food and Drug Administration would have rejected or imposed any additional requirements on the company regarding its formula. The company argued the case was preempted under the Supreme Court’s recent Monsanto v. Durnell ruling, but the judge found that ruling does not apply to infant formula design claims.

 
In another key decision, the U.S. Court of Appeals for the Seventh Circuit refused to reinstate an NEC wrongful death lawsuit filed by the mother of a newborn who died after being fed the Similac infant formula, indicating that the hospital had no other food to feed her child.

 
The lawsuit was brought by Ericka Mar on behalf of herself and her deceased infant. The plaintiff, claiming the child died due to Similac side effects, presented claims of strict liability, design defect, negligence and failure to warn. However, Abbott was granted a motion for summary judgment by a federal judge after arguing the hospital had no alternatives for feeding the child, making the lack of a label warning moot.

 
On July 24, the appeals court affirmed the lower court’s decision. Chief Judge Michael B. Brennan wrote the opinion, indicating that the hospital’s policy and a lack of human donor milk at the time meant there was no other choice of food to give the infant.

 
“The hospital turned to the Abbott formula at issue because it had no donor milk,” Brennan woote. “Another patient at the hospital who had recently given birth offered to donate some of her breast milk to RaiLee. But hospital policy forbade sharing milk because diseases can be transmitted without first treating the milk.”

In a victory for Enfamil manufacturer Mead Johnson, a Missouri state court jury rejected claims that the company’s specialized cow’s milk-based formula for premature infants was responsible for an infant’s dangerous bowel disease, necrotizing enterocolitis. (NEC)

 
The lawsuit was brought by an Illinois mother who claimed ​her daughter was left with lifelong injuries after she contracted NEC as ​a result of consuming Mead Johnson’s infant nutrition product.

 
It was one of nearly 1,000 similar ​lawsuits filed against Mead Johnson and Abbott Laboratories, which makes Similac formulas. More than 700 of the cases are centralized in an Illinois federal court, with others pending in state ​courts including Illinois, Missouri and Pennsylvania.

 
“We strongly reject any assertion that any of our specialized ​preterm hospital nutrition products cause NEC,” Mead Johnson said in a statement.

 
In June, ⁠an ​Illinois appeals court reversed a $60 million verdict against Mead Johnson ​in another trial in which the company was accused of failing to warn that its products for premature babies could cause NEC.

 
The Illinois Fifth District Appellate Court granted Mead Johnson a new trial in Watson v. Mead Johnson Company, LLC, saying the jury had not been properly instructed on the law. The appellate court found that the trial court made reversible errors, including problems with the jury instructions on failure to warn and the admission of testimony concerning Mead Johnson’s corporate wealth.

 
A new lawsuit was filed against Mead Johnson and Abbott Laboratories by a Nevada family who alleges that cow’s milk-based infant feeding products caused their premature child to develop NEC.

 
The family claims the child was born at approximately 29 weeks’ gestation, weighing about 1,620 grams. The child was initially fed breast milk but was soon transitioned to Mead Johnson’s Enfamil Human Milk Fortifier and Enfamil formula, both cow’s milk-based products. The lawsuit alleges that shortly after ingesting those products, the child was diagnosed with NEC.

U.S. District Judge Rebecca R. Pallmeyer cleared the way for the first federal bellwether trial in the baby formula NEC MDL to begin on July 6. The judge denied a motion by Mead Johnson for a summary judgment in the case.

 
Mead Johnson was sued by an Indiana woman whose infant son died from necrotizing enterocolitis (NEC) after consuming a nutritional regimen including Enfamil formula.

 
Plaintiffs in this case and hundreds of other lawsuits against Mead Johnson and Abbott Laboratories accuse the companies of allegedly selling baby formula, including under the Similac and Enfamil brand names, despite allegedly knowing consumption of their cow’s milk-based formulas increases the risk of babies suffering severe injuries or dying from NEC.

 
A Missouri appeals court upheld a $495 million verdict against Abbott in the Gill v. Abbott NEC baby formula case. The verdict included $95 million in compensatory damages and $400 million in punitive damages after a jury found that Abbott’s Similac Special Care 24 High Protein formula caused or contributed to a premature baby’s NEC.

Defendants in the baby food multi-district litigation have asked that all cases in the MDL be dismissed. This motion follows a ruling by U.S. District Court Judge Jacqueline Scott Corley, excluding seven of the eight general causation experts who attempted to link heavy metals in baby food to autism and ADHD. The defendants have asked for a hearing on this matter on July 9, 2026.

 
At the start of May, there were 402 pending lawsuits in the MDL, filed by families who allege that heavy metals in baby foods contributed to their children’s developmental problems. The plaintiffs claim that baby food manufacturers did not do enough to protect children from consuming heavy metals and did not adequately warn consumers of the risks of their products.

The number of cases in the baby food MDL rose to 402 by the start of April, an increase of 13 from the previous month.

 
New independent testing was conducted by Consumer Reports on 49 additional infant formulas for contaminants such as arsenic, lead, PFAS “forever chemicals,” and other potentially harmful substances.

 
While many formulas tested showed low or undetectable contaminant levels, the investigation found arsenic or other concerning substances in 26 of the products analyzed. The continued documentation of contamination in infant nutrition products may play a role in the ongoing litigation over toxic baby food and heavy metal exposure.

 
In California, Attorney General Rob Bonta issued a warning to companies that manufacture or sell baby food in California that they must comply with testing and disclosure rules established under Assembly Bill 899. The measure requires these companies to test a representative sample of the manufacturer’s final baby food product for arsenic, cadmium, lead, and mercury, and to disclose those test results publicly on its website.

A ruling by U.S. District Court Judge Jacqueline Scott Corley was a major setback for the plaintiffs, excluding seven of the eight general causation experts who attempted to link heavy metals in baby food to autism and ADHD.

 
The judge said she found their testimony unreliable, in part because their theory stemmed from hypothetical baby food “menus” put forth by the plaintiffs’ attorneys and given to experts rather than actual consumption patterns.

 
This method formed the basis of what effect arsenic and lead could have on a child who eats that food and is not “the product of reliable principles and methods,” Judge Corley said.

 
The judge emphasized that no published studies directly link baby food consumption to autism or ADHD and found that the experts had not adequately demonstrated such a connection.

 
“(T)hey have not identified any studies of whether food of any kind can cause (autism and ADHD),” she wrote. “So, Plaintiffs’ causation theory is built upon a series of extrapolations from studies that do not look specifically a consumption of baby food.”

 
Judge Corley added, ““Even in an area of epidemiology marked by hundreds of studies, none has developed the data needed to support the causation conclusion Plaintiffs’ experts assert in this MDL.”

 
The judge set an April 2 hearing to discuss the next steps in the baby food MDL. Co-lead plaintiffs’ counsel R. Brent Wisner said he was evaluating the ‘appropriate next steps and forming a plan,’ adding that there would be an appeal ‘of some sort.’

As of the beginning of February, the baby food MDL was holding steady at 389 pending lawsuits, unchanged from the previous month.

 
Both parties continue to await a ruling by U.S. District Court Judge Jacqueline Scott Corley that will play a key role in the future of the litigation. The judge is weighing a decision on the admissibility of scientific experts following Daubert hearings that were held in December.

 
The hearing focused on whether plaintiffs’ scientific experts can testify that heavy metals in baby food cause neurological harm. Experts on both sides presented evidence about heavy metals, testing protocols, and possible impacts to infant neurodevelopment.

The parties in the baby food MDL are awaiting a decision by U.S. District Judge Jacqueline Scott Corley following Daubert hearings that were held last month. The hearings focused on which experts should be allowed to testify in individual trials over claims alleging that heavy metals in baby foods were linked to developmental conditions in children.

 
The testimony and legal arguments that were presented are currently under review. Judge Corley will decide whether the plaintiffs’ experts used reliable scientific methodologies to reach their opinions regarding the causal link between metal exposure through baby food consumption and autism or ADHD. If the experts are excluded, the lawsuits will be sent back to state courts.

 
As of January 2026, the baby food MDL includes 389 pending cases, an increase of four from December.

U.S. District Judge Jacqueline Scott Corley held Daubert hearings for expert testimonies in the baby food MDL to determine whether the scientific methodologies used by the plaintiffs to establish a causal link were reliable enough to be presented in court.

 
Four expert witnesses were presented by the plaintiffs and contended that their opinions on the harm caused by exposure to toxic metals in baby food products are based on reliable science and methods.

 
The baby food companies, including Gerber, Beech-Nut, Nurture, and Walmart, presented an expert who contended that the levels of “naturally occurring” metals do not have sufficient scientific proof to be linked to autism or ADHD.

 
The defendants issued a motion to dismiss the litigation in September, asking the judge to block any plaintiffs’ expert witnesses willing to testify that high levels of poisonous toxic metals is a risk to infants and children. Defendants claim that amounts of arsenic 91 times higher than in bottled water, and 177 higher times the levels of allowable lead qualify as trace amounts.

 
The baby food MDL saw a sizable jump in cases last month with the addition of 113 new lawsuits, bringing the total number of lawsuits at the start of December to 385.

A federal judge rejected a bid by Amazon to reduce some of the negligence claims in the baby food MDL. The plaintiffs who allege that Amazon and Whole Foods sold baby foods with toxic heavy metals will be allowed to continue their cases, according to the ruling by Judge Jacqueline Scott Corley.

 
Parents who bought baby foods at Whole Foods said they were unaware that the products contained heavy metals. Amazon argued the consumers could not allege a negligent undertaking claim because its product safety team does not commit to taking any action in response to customer safety complaints and because it exercised reasonable care by relying on the baby food maker’s safety representations. But Judge Corley ruled that the plaintiffs plausibly alleged Amazon affirmatively told customers that its product safety team investigates and acts on safety complaints. The consumers’ allegations “permit a plausible inference” that Amazon assumed a responsibility to monitor and investigate the baby food products for potential safety hazards, Corley said.

 
The number of pending lawsuits in the baby food MDL rose to 272 by the start of November, an increase of 47 from the previous month. Plaintiffs allege that contamination in baby foods caused autism, ADHD, and other developmental disorders.

 
Judge Corley also met with the plaintiffs and defendants to finalize plans for a series of Daubert hearings to address the admissibility of the expert witness testimony. The hearings will be held December 8 through 12, with each side given 10 hours total for direct examination, cross examination and re-direct, not including the time allotted for opening and closing statements.

At the beginning of October, the number of pending lawsuits in the baby food MDL before U.S. District Judge Jacqueline Scott Corley had grown to 225, filed by plaintiffs alleging that baby food products contained toxic heavy metals that caused brain and neurodevelopmental damage in children.

 
A key upcoming date in the litigation will be Dec. 8, when Judge Corley will hold a Daubert hearing for general causation to determine whether plaintiffs’ scientific evidence meets legal standards for proceeding. The plaintiffs have identified nine experts ready to testify that heavy metals in baby foods can impact childhood development and increase the chance of developmental disorders. The defendants have designated 11 experts.

 
Both sides will present expert witnesses over several days, with opening statements, testimony, and closing arguments. If the plaintiffs’ experts and evidence are found to be sufficiently reliable and relevant, cases could proceed to trial or negotiations toward a settlement.

In a development seen as significant for the plaintiffs in the baby food MDL, Texas Attorney General Ken Paxton launched an investigation into major baby food manufacturers who he said have potentially violated the law by deceptively advertising and selling products that contain dangerous levels of heavy metals. Paxton states that despite the known risks of heavy metals causing brain damage in young children, “many US baby food manufacturers have set their internal standards for toxic heavy metal content at unreasonably dangerous levels and then made misrepresentations about the health benefits of their products.”

 
Paxton issued Civil Investigative Demands (CIDs) to Gerber and Plum Organics and intends to send additional CIDs as the probe proceeds. This adds the weight of a formal state investigation to the ongoing litigation that continues to grow, with 210 active cases pending at the start of September, an increase of 30 in the past two months. Paxton’s demands for internal documents and safety data are expected to produce information that will be important in the case as the plaintiffs continue their own discovery efforts.

U.S. District Judge Rebecca R. Pallmeyer, who is presiding over the baby food MDL, decided that a bellwether trial that was to begin soon will not move forward. The judge granted summary judgment to Abbott Laboratories, siding with the manufacturer’s argument that key expert testimony offered by the plaintiffs should be excluded from the trial. Pallmeyer said that the plaintiff’s expert could not offer a causation opinion applicable to infants of her son’s gestational age and weight.

There has been a significant increase in cases in the MDL, which rose by 31 over the previous month to a total of 211 pending lawsuits at the beginning of August.

In one new lawsuit, an Indiana family sued multiple baby food manufacturers, alleging that their son developed autism spectrum disorder due to prolonged exposure to toxic heavy metals in baby food products.

The products listed include Beech-Nut, Gerber, Nurture, and Plum. Among the specific products listed are Beech-Nut Stage 1 Apple, Banana, and Organics Pear; Gerber’s Stage 1 Natural Apple and Banana, and Nurture’s Purple Carrot & Blueberry Puffs. The plaintiffs assert strict liability, negligent failure to warn, and defective design claims.

The baby food MDL continues to experience steady growth, with 180 active cases at the beginning of the month, an increase of 13 from the previous month.

One new lawsuit in the MDL was filed by an Illinois family who alleges that consumption of baby food products contaminated with heavy metals caused their child to develop autism spectrum disorder. The complaint states that the child consumed a wide variety of baby foods manufactured and sold by companies including Beech-Nut, Gerber, Walmart, Plum, Nestlé, and others, and that these foods were a significant source of exposure to arsenic, lead, cadmium and mercury. Plaintiffs in the litigation have been asserting claims of strict liability, negligent failure to warn, and defective design.

U.S. District Judge Jacqueline Scott Corley entered a scheduling and case management order setting key discovery deadlines in the group lawsuit against Hain Celestial (Earth’s Best) and other baby food companies.

The judge in the baby food MDL against Gerber, Parent’s Choice, Plum Organics, and other companies has set deadlines for the filing of some pretrial motions. The defendants requested permission to file motions to dismiss the cases.

The number of cases in the MDL continues to grow with 11 more lawsuits filed in May, bringing the total at the start of the month to 167.

In one of the new complaints, plaintiffs allege that an Oklahoma child who consumed a wide range of baby food products developed autism spectrum disorder and ADHD. The lawsuit accuses multiple manufacturers, including Beech-Nut, Gerber, Nurture, and Walmart, of selling food contaminated with toxic heavy metals.

A new lawsuit was filed by a Colorado family that has become part of the baby food MDL. The suit filed against Gerber Products Company and Walmart Inc. alleges that the family’s child suffered permanent neurological injuries after consuming baby food contaminated with toxic heavy metals. The plaintiffs contend that the companies knowingly sold products tainted with arsenic, mercury, lead, cadmium, and aluminum—substances widely known to cause brain damage and neurodevelopmental disorders when ingested by infants.

Concerns about the potential harm of toxic metals in baby food were renewed by a recall of over 25,000 units of baby food sold exclusively at Target after testing revealed elevated levels of lead. The affected product, Good & Gather Baby Pea, Zucchini, Kale & Thyme Vegetable Puree, was manufactured by Fruselva USA and distributed in four-ounce containers.

A federal judge in the baby food MDL case issued a major ruling on April 2. U.S. District Judge Jacqueline Scott Corley said several companies, including Walmart, Beech-Nut and Gerber must face a nationwide lawsuit alleging their baby food products contained toxic heavy metals that caused brain and neurodevelopmental damage in children.

As a result of the decision, parents can can proceed with claims that defective manufacturing, negligence and failure to warn about over 600 baby food products caused their children to suffer autism spectrum disorder and attention deficit hyperactivity disorder. The motion by the companies to dismiss the lawsuits was denied.

A total of 101 pending cases in the baby food MDL were recorded at the start of March, with 9 new cases having been added in February.

A federal judge in New York has dismissed a consumer class action against Beech-Nut Nutrition Company, finding that plaintiffs failed to show economic harm or deception. The case focused solely on claims of misleading marketing and price inflation, not physical injury. This ruling does not impact ongoing toxic baby food lawsuits that allege neurological damage in children caused by heavy metal exposure.

Since the previous month, only four new cases were added to the toxic baby food MDL. This brings the total number of pending cases to 92. Given the extended statute of limitations for minors in most states, there is less urgency to file, and with such a small pool of cases, it’s too early to determine the trajectory of the litigation.

A key dispute now centers on the short form complaint—an essential tool in MDLs that streamlines the process for affected families to join. The baby food companies are opposing its approval, complicating what should be a straightforward procedure. The court has scheduled a hearing for March 27, 2025, to resolve the matter. An approval would remove barriers for families seeking justice and strengthen the case against those responsible.

At the beginning of January, 88 total pending cases were recorded in the baby food MDL, with 12 new cases having been added in the previous month.

The start of the month also saw the FDA issuing finalized guidelines limiting lead in baby foods to reduce childhood exposure. New thresholds include 10 ppb for processed foods like fruits and grains, and 20 ppb for root vegetables and dry cereals. Though non-binding, these limits could guide FDA enforcement actions against manufacturers exceeding safe levels.

A new lawsuit filed on January 19 alleges that toxic heavy metals in baby foods caused a child from Indianapolis to develop autism. The suit claims the child consumed Gerber, Plum, and Walmart products containing lead, arsenic, mercury, and cadmium between 2019 and 2021. The family asserts the manufacturers failed to warn of these risks or prevent contamination, resulting in neurodevelopmental harm linked to these hazardous substances.

At the start of December, a total of 75 pending cases were recorded in the toxic baby food MDL, with 23 new cases having been added in the previous month.

On December 2, major baby food manufacturers filed a motion to dismiss all claims in the MDL, asserting the lawsuits lack scientific evidence and fail to prove causation. The defendants argue the heavy metal levels are unavoidable, stem from natural environmental sources, and comply with federal safety standards. They further claim the litigation conflicts with FDA authority and relies on speculation rather than definitive studies, urging dismissal to maintain a consistent regulatory framework.

Toward the end of the month, Judge Corley rejected the plaintiffs’ push to block Walmart from communicating with its co-manufacturers about subpoenas. Instead, the court directed Walmart to assist in coordinating meetings between co-manufacturers and plaintiffs’ counsel before any subpoena responses are submitted.

Twenty new cases have been added to the toxic baby food MDL, nearly doubling the total pending claims from 32 to 52. Momentum in this litigation is building, with a significant trial set for January 21, 2025, in California state court. This trial will be the first baby food heavy metals case to reach a jury and will provide crucial insight into how jurors respond to allegations linking toxic metals in baby food to brain injuries in children.

The MDL’s next major deadlines include a Rule 12(b) motion hearing on February 27, 2025, and expert discovery starting in April 2025. Plaintiffs are also finalizing key documents, including a short-form complaint and Plaintiff Fact Sheet, expected by the end of the year. Monthly case management conferences will begin December 12, 2024.

The toxic baby food MDL has gained momentum increasing from 30 to 32 cases. Key issues this month include the implications of baby food loyalty programs and statutes of limitations for minors.

Loyalty programs, designed to encourage repeat purchases, are proving pivotal as evidence in some claims. Meanwhile, the statute of limitations for minors is often paused until age 18, but states like Florida impose restrictive exceptions that limit filing windows, even for minors.

A focal point in this litigation is the threshold for “safe” heavy metal levels in baby food. Plaintiffs argue that no level is safe for infants, citing evidence linking exposure to developmental delays and neurological damage, especially in rice-based foods, which are particularly prone to absorbing harmful toxins.