May 19, 2022

Paris Crepe 80903

Do It With Food

Weighty metals in newborn foods… 69 lawsuits and counting

Since the report​​​​​ alleging “dangerously high” ​​levels of direct, mercury, cadmium and arsenic in selected infant food merchandise was published on February 4, all of the companies named in it – Gerber, Beech Nut Diet, Campbell Soup (Plum Organics), Nurture Inc (Joyful Household Organics), Hain Celestial (Earth’s Ideal), Sprout Foodstuff Inc, and Walmart – have been hit with lawsuits​​.​

In papers submitted April 20 with the US Judicial Panel on Multidistrict Laws by plaintiffs in just one of the circumstances (Albano et al v Hain Celestial Group), lawyers argue that all of the lawsuits really should be transferred to the Jap District of New York.

According to the Albano plaintiffs, “58 plaintiffs support the Albano plaintiffs’ movement for centralization, even though other individuals assist centralization of enterprise-specific MDLs​ [multidistrict legislation] in jurisdictions wherever defendants are headquartered.”

A 3rd team of plaintiffs and all of the defendants, meanwhile, oppose any​ type of centralization on the grounds that all the circumstances are distinctive.

‘Gross inefficiencies’

Even so, their efforts to build 6 ‘mini-MDLs’ have “unsuccessful to date,​” say the Albano plaintiffs. “As of April 20, 2021, there continue to be 66 situations that have not been consolidated.”

Apart from the “gross inefficiencies” ​of managing the cases individually or even in smaller clusters, they argue, “Inconsistent rulings could final result in some baby meals suppliers being held to distinct standards than others. This will not profit baby meals companies or buyers and would most likely direct to confusion in the market.”