Anapol Weiss, together with co-counsel, is currently representing consumers in a lawsuit against Amazon and Whole Foods. The lawsuit alleges that both retailers were negligent by allowing, or failing to prevent, baby food containing unsafe levels of heavy metals from being sold to families. Earlier this month, Judge Jacqueline Scott Corley denied Amazon’s motion to dismiss the negligence claims, allowing the lawsuit to move forward.
Lawsuit Against Whole Foods and Amazon Alleges Negligence
The plaintiffs in this case allege that both companies knowingly sold baby products with toxic heavy metals, which caused their child’s autism spectrum disorder. While heavy metals aren’t the only potential cause of autism, they have been linked to autism because they are neurotoxic, directly affecting the vulnerable developing brains of babies and young children.
Because they are found naturally in our environment, certain heavy metals, including lead, arsenic, and mercury can get into the soil where food is grown, as well as in the water. Baby food manufacturers should then be vigilant and only use food sources that are demonstrated to be clean or free of heavy metal contamination. But when baby food manufacturers fail to properly test the soils where their food is grown or fail to properly test and reject batches of food containing detectable levels of heavy metals, those metals end up in the food children eat.
The family in the lawsuit against Amazon alleges that Amazon told customers that its product safety team not only investigates active safety complaints, but acts on them, by adding warning labels or removing products in concerning situations. Additionally, the plaintiffs allege that Amazon contacted a baby food maker after receiving complaints of heavy metals in one of their products. Two notable brands, Happy Family and Earth’s Best were still sold by Amazon despite credible claims of toxic metals in those brands’ foods.
Amazon disputed these allegations, arguing it has no legal duty to pre-sale test baby-food products and that it acted reasonably in relying on manufacturers’ safety representations. They further argued that they should be allowed to rely on a manufacturer’s representations that food is safe even in the face of credible claims of danger or even when Amazon conducts its own independent investigation about the claims. Amazon claimed they relied on a post Happy Family made about their product safety prior to Amazon’s investigation.
According to Judge Corley, “If Amazon were simply relying on manufacturers’ representations, then it would have no need to begin an investigation dated after Nurture’s post on the website.”
What to Do if You Suspect Toxic Heavy Metals Lead to Your Child’s Diagnosis
If you suspect that toxic heavy metals may have contributed to your child’s autism spectrum disorder or another condition, taking the following steps can help your claim:
Seek Medical Care
Your child’s health and safety are paramount, so you should consult with a qualified medical professional to determine whether heavy-metal testing is appropriate. These results may help identify potential exposure. However, a positive result alone does not establish legal causation.
Stop Using the Brand and Find Healthier Alternatives
Immediately stop using the brand or type of baby food and find alternatives. While this is something you’re likely already doing, it’s worth mentioning. Cooking your own food, rotating the kinds of food they eat, and switching to oatmeal and multigrain cereals instead of rice cereal can be healthier options for limiting heavy metal exposure.
Save the Baby Food Packaging and Related Documentation
Save the baby food containers and receipts showing proof of purchase. This will be vital evidence used to confirm where you bought them, and if the retailer was negligent by keeping them on the shelves.
File a Report with the FDA
You should also notify the U.S. Food and Drug Administration (FDA) via their FDA Form 3500B. Doing so will trigger an investigation into both the product and manufacturer, which can lead to a recall and keep other children safe.
Contact a Product Liability Lawyer
An experienced product liability lawyer will be able to thoroughly investigate your case, explain your rights, provide access to resources, and hold companies accountable for their negligence to secure the compensation you need moving forward.
Contact Anapol Weiss to Discuss Your Toxic Heavy Metals Case
If you suspect that toxic heavy metals played a part in your child’s diagnosis, you don’t have to face this road ahead alone. At Anapol Weiss, our product liability and class action lawsuit attorneys aren’t just committed to getting justice; we’re committed to getting answers. Call us today at 215-608-9645 or fill out our online contact form to schedule a free consultation.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
