Texas AG Sues Gerber and Nestlé Over Toxic Heavy Metals in Baby Food
Texas Attorney General Ken Paxton has initiated legal action against Gerber Products Company and Nestlé USA, claiming the companies misled parents and consumers about the presence of harmful heavy metals in their baby foods.
Paxton, currently vying for a U.S. Senate seat backed by former President Donald Trump, announced the lawsuit on Wednesday. He argues that Gerber’s marketing portrayed its products as safe and thoroughly tested by pediatricians, despite internal findings that indicated alarming levels of arsenic and lead.
In a press release, the attorney general highlighted that between 2017 and 2019, Gerber used rice flour containing arsenic at more than nine times the federal limit allowed in bottled water. Additionally, their carrot products had cadmium levels up to 17 times above the acceptable limit, while sweet potatoes had nearly ten times the lead limit, and the testing for mercury was infrequent.
These metals are classified as neurotoxins by federal health authorities, with arsenic, lead, mercury, and cadmium ranking as major threats to human health, according to the lawsuit.
Despite the alarming findings, Gerber did not issue any recalls or warnings about their products, as noted by Paxton’s office. The 68-page lawsuit states that the company’s marketing practices remained unchanged, continuing to assert that their food undergoes over 100 quality checks.
“Gerber assured parents that its food was safe and rigorously tested. Yet, their own tests confirmed the presence of toxic metals in the food. When businesses make promises regarding what parents feed their babies, I will ensure they are held accountable,” Paxton declared.
Prior to filing the lawsuit, the Consumer Protection Division of the Attorney General’s office notified the companies of their questionable practices, which were alleged violations of the Deceptive Trade Practices Act, as required by Texas law.
The filing, dating back to the late 1860s, underscores how the baby food industry has been built on the trust that companies will provide suitable alternatives to breast milk for infants, typically relied on until they are nine to twelve months old. It notes that while Nestlé initiated the industry in 1967, its acquisition of Gerber—a leader in the U.S. market since 1928—has shattered that trust with Texas consumers.
“From its inception, manufactured baby food has depended on consumer trust regarding its ability to nourish infants. Gerber and Nestlé USA have violated that trust with Texas consumers,” the lawsuit reads.
Paxton emphasized that while Gerber does provide a method for parents to obtain nutritional information via a QR code, this method lacks full transparency.
“Gerber now hides test results behind a QR code on its labels. However, the levels of heavy metals in the food remain unchanged, as do the safety claims on the product packaging. A code on the back doesn’t offset misleading promises on the front,” asserted Paxton’s office.
In a recent tweet, Paxton highlighted the lawsuit, stating: “I sued major baby food companies Gerber and Nestlé for selling baby food that contains dangerous levels of arsenic and lead.”
