Individuals are filing lawsuits nationwide against baby food manufacturers, alleging that companies like Plum Organics knew or should have known that their products contained dangerous levels of heavy metals. Exposure to toxic heavy metals has been linked with an increased risk of behavioral and developmental problems, including autism spectrum disorder. Multiple lawsuits have been consolidated into multidistrict litigation out of the Northern District of California. As of January 2025, there are 88 lawsuits pending in MDL#: 3101 – In Re: Baby Food Products Liability Litigation, which District Judge Jacqueline Scott Corley is overseeing. Additional lawsuits are expected to be filed across the country as more plaintiffs come forward.
Plum Organics Lawsuit [2025 Update]
January 6, 2025: Guidance Issued on Safe Lead Levels By FDA
The U.S. Food and Drug Administration has issued guidance on what would be considered actionable levels of lead in processed baby and toddler foods marketed and sold in the country. Action levels for lead in these foods are 10 parts per billion (ppb) for fruits, vegetables, yogurts, and mixtures and 20 ppb for single-ingredient root vegetables and dry infant cereals.
January 2, 2025: Baby Food Product Liability MDL Grows to 88 Lawsuits
There are now 88 lawsuits pending in the baby food product liability MDL out of the Northern District of California. The number of lawsuits is expected to grow exponentially over the coming months as a result of more research and information being released about the potential link between toxic heavy metals found in baby food products and an increased risk of autism, ADHD, and other behavioral disorders.
December 15, 2024: Future Case Management Conference Date Reset
At a case management conference on December 12, a future case management conference was rescheduled from May 29 to May 22 at 9:00 am. The court also set a schedule for expert discovery, set deadlines for submitting discovery disputes, and resolved other pretrial issues.
October 1, 2024: “Rudy’s Law” Passes in Maryland
“Rudy’s Law” has passed in Maryland. The law requires baby food manufacturers to test their products for heavy metals beginning January 1, 2025. By the following year, manufacturers would be required to post internal testing results on their websites.
April 5, 2024: JPML Issues Order to Transfer Cases to the Northern District of California
In April 2024, the Judicial Panel on Multidistrict Litigation (JPML) agreed to transfer multiple lawsuits to the Northern District of California for consolidated pretrial proceedings. The MDL is being presided over by Judge Jacqueline Scott Corley.
About the Plum Organics Baby Food Lawsuit:
Understanding the Plum Organics Lawsuit
2021 Congressional Report: Plum Organics Finding and Insights
Toxic Metals Found in Plum Organics
Plum Organics Products With Heavy Metals
Studies Linking Autism to Baby Food Consumption
Plum Organics’s Response to Toxic Metal Allegations in Baby Food
Federal Government’s Initiatives to Eliminate Heavy Metals in Baby Food
Eligibility Criteria for the Plum Organics Lawsuit
Evidence Needed to File a Plum Organics Lawsuit
What Damages Can I Recover in the Plum Organics Lawsuit?
How to File a Plum Organics Lawsuit
Plum Organics Settlement and Payout Amounts
Statute of Limitations and Deadlines to File a Plum Organics Lawsuit
Understanding the Plum Organics Lawsuit
Lawsuits filed nationwide allege that baby food manufactured under the name Plum Organics contains toxic levels of heavy metals, including arsenic, lead, cadmium, and mercury. Many scientific studies demonstrate that exposure to these toxic heavy metals may lead to an increased risk of certain neurodevelopmental disorders in babies and children. Children exposed to heavy metals may be at a higher risk of developing autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD).
Legal claims against Plum Organics and other baby food manufacturers:
- Negligence
- Failure to warn
- Product liability (dangerous or defective product)
Increased concern about heavy metals in baby foods occurred after the U.S. government launched an investigation. A 2021 Congressional Report released by a U.S. House of Representatives Subcommittee on February 4, 2021, found that commercial baby foods were tainted with dangerously high levels of toxic heavy metals. As a part of the investigation, congress members requested internal testing data from leading baby food manufacturers. Campbell Soup Company, which sold baby food products under the brand name Plum Organics, refused to cooperate with the investigation, denying allegations of wrongdoing.
Parents of children diagnosed with autism or ADHD after consuming Plum Organics baby food products are encouraged to seek advice about their legal options. An attorney, well-versed in baby food product liability litigation, can help determine whether affected individuals meet the eligibility requirements necessary to file a claim.
2021 Congressional Report: Plum Organics Finding and Insights
The 2021 Congressional Report found that commercial baby food products contained high levels of toxic metals. As part of the investigation, House members asked many baby food manufacturers, including Campbell Soup Company (seller of Plum Organics), to provide internal testing information about the levels of heavy metals in their products.
Campbell’s, along with Walmart and Sprout Organic Food, refused to cooperate with the investigation. Campbell’s refusal to cooperate with the subcommittee has led investigators to believe that Campbell’s may be obscuring extremely high levels of toxic heavy metals in Plum Organics baby foods.
The report called for stricter regulations and is an important reminder for parents to remain vigilant and to speak with healthcare providers about safety concerns.
Toxic Metals Found in Plum Organics
According to legal documents, toxic metals have been found in Plum Organics baby food products. These heavy metals include arsenic (As), lead (Pb), cadmium (Ca), and mercury (Hg). Research indicates that exposure to these heavy metals may increase a child’s risk of developing neurodevelopmental disorders like autism spectrum disorder and ADHD.
Heavy metals suspected in Plum Organics baby food:
- Arsenic
- Lead
- Cadmium
- Mercury
In response to the U.S. House of Representatives’ request for internal testing data, Campbell acknowledged the presence of heavy metals but stated that there was a lack of federal guidance on the issue. Campbell also said that while heavy metals naturally occur in the environment, they were committed to implementing measures to minimize the levels of heavy metals in their products.
Arsenic
According to the Department of Health and Human Services’ Agency for Toxic Substances and Disease Registry (ATSDR), inorganic arsenic presents a significant risk to human health. Exposure to the toxic substance can cause neurological and immunological effects, particularly in children. A 2019 Healthy Babies Bright Futures study found that 73% of the commercial baby foods products they tested contained arsenic. Rice and rice-based products were of particular concern.
Lead
Exposure to lead, even in small doses, can harm humans, especially children. The 2019 Healthy Babies Bright Futures study found lead in 94% of the baby food products tested. Lead can cause behavioral problems, lowered IQ, and more. Products with the highest levels of lead included fruit juices, products with root vegetables, and teething biscuits.
Cadmium
Cadmium was detected in 75% of the commercial baby food products tested in the Healthy Babies Bright Futures. Exposure to Cadmium can result in lower IQ and an increased risk of developing ADHD. Ingredients most likely to contain heavy metals include root vegetables, such as carrots and sweet potatoes, rice, and leafy greens.
Mercury
It is believed that exposure to mercury from baby food products can increase a child’s risk of developing autism. The 2019 Healthy Babies Bright Futures detected mercury in 32% of the products tested. Concerningly, many leading baby food manufacturers do not test for mercury.
Plum Organics Products With Heavy Metals
Despite requests from the U.S. House of Representatives, Campbell Soup Company failed to supply internal testing data about the level of heavy metals in its Plum Organics baby food products.
Plum Organics Products with Heavy Metals:
- Arsenic: While many Plum Organics products reportedly contain arsenic, the 2019 Healthy Babies Bright Futures study detected high levels (49.9 ppb) of the toxic substance in the Little Teethers Organic Multigrain Teething Wagers. The Blueberry Lemon Mighty Morning Bar contained 40 ppb of arsenic and 39 ppb of inorganic arsenic. Subsequent results sent to the House Committee found that Super Puff rice-based products had over 200 ppb arsenic.
- Lead: The Just Sweet Potatoes baby food product under the Plum Organics brand had 14 ppb of lead, according to testing by Healthy Babies Bright Futures.
- Cadmium: The Mighty Morning Bar – Blueberry Lemon contained 24.3 ppb of Cadmium, as reported by Healthy Babies Bright Futures.
- Mercury: Many companies fail to test for mercury in their products.
Studies Linking Autism to Baby Food Consumption
Several studies have found a link between exposure to toxic heavy metals and an increased risk of developing autism spectrum disorder. Children and infants are particularly vulnerable due to the developmental stage of their brain at the time of exposure.
Association Between Heavy Metals Exposure and Child Autistic Disorder
In an “Association between heavy metals exposure (cadmium, lead, arsenic, mercury) and child autistic disorder: a systematic review and meta-analysis” published in Frontiers in Pediatrics, researchers found a significant association between exposure to heavy metal and the development of Autism Spectrum Disorder (ASD) in children. Higher levels of toxic heavy metals, including cadmium, lead, arsenic, and mercury, were found in patients with ASD.
Investigating the Role of Food Pollutants in Autism Spectrum Disorder
A 2024 study published in Naunyn-Schmiedeberg’s Archives of Pharmacology found that food pollutants, including pesticides, heavy metals, and food additives, may increase a person’s risk for developing autism spectrum disorder (ASD). The article“Investigating the role of food pollutants in autism spectrum disorder: a comprehensive review found that patients with ASM had elevated levels of certain heavy metals common in food contaminated with pesticides and additives. Researchers recommend reducing exposure to heavy metals by consuming organic, pesticide-free foods.
Toxic Heavy Metal Content of Infant and Toddler Foods and Evaluation of United States Policy
In “A Narrative Review of Toxic Heavy Metal Content of Infant and Toddler Foods and Evaluation of United States Policy,” published in Frontiers in Nutrition, researchers looked at the prevalence of heavy metals such as arsenic, lead, cadmium, and mercury in baby and toddler foods, as well as policies in the U.S. to help mitigate exposure. The review found toxic levels of heavy metals in baby food products and that regulations currently in place in the U.S. may not adequately protect consumers from the potential harm when consumed.
Association of Autism With Toxic Metals
Published in 2021 in Pharmacology, Biochemistry and Behavior, an “Association of autism with toxic metals: A systematic review of case-control studies” found higher concentrations of arsenic, lead, mercury, and cadmium in blood and hair samples of children with autism spectrum disorder. One conclusion of the study was that reducing toxic metals in children with autism spectrum disorder could be a potential therapeutic strategy.
Plum Organics’s Response to Toxic Metal Allegations in Baby Food
As indicated in the 2021 Congressional Report, Campbell Soup Company, the seller of Plum Organics, did not cooperate with initial requests for internal testing data. After the report was published in February, Campbell began cooperating with regulators. The information provided to the U.S. House of Representatives indicated high levels of toxic heavy metals.
A subsequent report, published in September 2021, found that Plum Organic products had an average of 79 ppb inorganic arsenic, with some products having between 200 and 470 ppb arsenic. The report also found lead contamination generally exceeding 5 ppb, and some products containing up to 43 ppb cadmium.
While Plum Organics has acknowledged the presence of heavy metals in their products, they have said that the toxins result from natural contamination and environmental pollutants. The company, however, has said that they are committed to helping to minimize the level of heavy metals in their products.
Federal Government’s Initiatives to Eliminate Heavy Metals in Baby Food
As a result of the 2021 Congressional Report and significant research indicating a link between heavy metals in baby food products and autism spectrum disorder, state and federal regulators have begun to take action.
Legislative and Regulatory Actions on Heavy Metals in Baby Foods:
- FDA’s Closer to Zero Initiative: The U.S. Food and Drug Administration launched its Closer to Zero initiative to help regulate heavy metal levels in baby and toddler foods. In January 2025, final guidance was issued for lead levels in these foods. Additional guidance is expected to be issued later this year.
- California’s Assembly Bill 899: AB-899 was signed into law in October 2023. It requires baby food manufacturers to test products for levels of heavy metals and to make those findings publicly available.
- Baby Food Safety Act of 2024: The Baby Food Safety Act of 2024 was introduced by Senator Amy Klobuchar; it would enable the FDA to set and enforce heavy metal limits in baby and toddler food. It would also require baby food manufacturers to test their products and maintain records of their internal data.
Eligibility Criteria for the Plum Organics Lawsuit
To file a Plum Organics lawsuit, plaintiffs must meet certain eligibility requirements. These requirements include that the child was born on or after January 1, 2007, and consumed a qualifying baby food product for at least six months.
Eligibility requirements for a Plum Organics lawsuit:
- Age: The child must have been born on or after January 1, 2007.
- Product: The child must have consumed a qualifying brand of baby food for at least six months. Qualifying baby food brands:
- Diagnosis: The child must have been diagnosed with autism before the age of 14.
Who Would Be Excluded From the Plum Organics Lawsuit?
While many parents of children diagnosed with autism will qualify for a baby food product liability lawsuit, there are some exclusions. To determine whether you qualify for a lawsuit, it is important to consult with an experienced attorney.
Potential exclusions from a Plum Organics lawsuit:
- Preterm birth (before 37 weeks)
- Low birth weight (less than 5.5 lbs)
- Born prior to 2007
- Diagnosed with autism after age 14
- Diagnosed with certain other syndromes or conditions
- Maternal health or pregnancy complications
- Involvement in related litigation
- Advanced age at conception
Evidence Needed to File a Plum Organics Lawsuit
Substantial evidence is generally needed to file a Plum Organics lawsuit. To determine what evidence is necessary, it is imperative to consult with an experienced attorney.
Evidence needed to support a Plum Organics claim:
- Neurodevelopmental assessments
- Confirmed autism diagnosis from a qualified healthcare provider
- Comprehensive medical records
- Proof of purchase of qualifying baby food products
- Product labels
- Documentation of frequency and duration of consumption
- Growth charts
- Food diaries
- Blood tests showing the presence of heavy metals
- Family history records
What Damages Can I Recover in the Plum Organics Lawsuit?
Recoverable damages in a Plum Organics lawsuit may include both economic and non-economic losses. An attorney with extensive experience in baby food product liability claims can help to provide a personalized assessment of the potential value of your case.
Recoverable damages in a Plum Organics lawsuit:
- Past and future medical costs
- Expenses related to therapy and counseling
- Educational support
- Compensation for emotional distress and loss of quality of life
- Parental and future lost wages
- Costs related to home modifications and assistive devices
- Childcare costs
- Attorney’s fees and court costs
In some instances, plaintiffs may be eligible for punitive damages. Punitive damages are awarded in cases where there is gross negligence. They are designed to punish defendants for intentional misconduct and deter similar behavior in the future.
How to File a Plum Organics Lawsuit
Several steps are necessary to file a Plum Organics lawsuit. An experienced lawyer can help to determine whether you are eligible for a lawsuit and will provide guidance on the legal process.
Steps to file a Plum Organics lawsuit:
- Consult with a baby food product liability lawyer: The first step in a Plum Organics lawsuit is to consult with an attorney. An attorney can help to determine whether you meet the eligibility requirements necessary to file a claim and will help you to navigate the legal process.
- Obtain necessary documents: Before filing the complaint, you will need to gather the necessary documents to help prove your claim. Evidence that should be gathered includes your child’s medical records, proof of purchase of baby food products, receipts, and neurodevelopmental assessments.
- File the complaint: With the necessary documents secured, your attorney will file a complaint in the appropriate courthouse. Prior to filing, your attorney will review the lawsuit to ensure it is filed within the statute of limitations.
Plum Organics Settlement and Payout Amounts
Settlements in Plum Organics autism lawsuits are expected to range between $500,000 and $1.5 million, depending on the individual circumstances of the case. Several factors can impact the potential value of a case, including the severity of the child’s condition, the impact on the child’s quality of life, whether the injuries are permanent, and if causation can be established. If you receive a jury award or settlement, your amount may be higher or lower than that range. An attorney experienced in toxic exposure can provide case-specific estimates and should be consulted as early in the process as possible.
Statute of Limitations and Deadlines to File a Plum Organics Lawsuit
The statute of limitations in a Plum Organics lawsuit is state specific, but generally ranges from 1 to 6 years. However, that window may not begin until you realize Plum Organics baby foods may have caused your child’s developmental disorders. Some extensions may exist for minors or if there is new research published. To determine how long you have to file a claim, individuals should consult with a baby food product liability attorney as soon as possible to ensure timely filing.
Contact a Plum Organics Lawyer
The attorneys at King Law have decades of experience handling complex litigation cases, including toxic exposure and product liability lawsuits. Lawyers will work tirelessly to pursue compensation for aggrieved individuals and their families. Contact King Law today to schedule an initial consultation to learn more about your legal options.