Walmart Baby Food Lawsuit – January 2025 Update

The Walmart Baby Food Lawsuit Is An Active Lawsuit

See If You Qualify!

Parents of children diagnosed with autism have filed lawsuits against Walmart and other baby food manufacturers alleging their products contain dangerous levels of heavy metals. Heavy metal exposure has been linked with neurodevelopmental disorders, including autism spectrum disorder (ASD) and ADHD. Walmart sells baby and toddler foods under its private label Parent’s Choice. Many parents in the U.S. have fed their babies and toddlers foods made by Parent’s Choice that contained high levels of heavy metals. People filing lawsuits against Walmart say the company did not properly warn them about the presence of heavy metals and the dangers associated with ingesting these metals. 

Dozens of lawsuits filed against Walmart and other baby food manufacturers have been consolidated into multidistrict litigation, called MDL#: 3101 – In Re: Baby Food Products Liability Litigation. The number of lawsuits in this MDL is expected to grow significantly throughout 2025, as a result of the popularity of baby food products like Walmart’s Parent’s Choice. Affected families are encouraged to contact our firm, as we are well-versed in toxic exposure and product liability litigation. We can work with you to determine if you are eligible to file a lawsuit on behalf of child harmed by heavy metals in baby foods made and sold by Walmart.

Walmart Baby Food Lawsuit 2025 Updates

January 8, 2025: New FDA Guidance Aims to Decrease Lead in Baby and Toddler Foods

On January 7, 2025, the FDA issued updated guidance to baby food manufacturers, including Walmart. The FDA set action levels, which are thresholds for how much lead should be present in baby foods fed to children under two years of age. This guidance applies to specific products. These actions levels are set at: 10 parts per billion (ppb) for fruits, most vegetables, mixed purees, yogurts, puddings, and single-ingredient meats; 20 ppb for single-ingredient root vegetables; and 20 ppb for dry infant cereals. However, these levels are voluntary, and manufacturers, like Walmart, do not have to follow them. The FDA says this guidance is an important step in limiting the amount of lead found in many baby foods. Child health experts says this voluntary measure does not do enough to protect children from lead exposure through baby foods.

December 15, 2024: Number of Cases Expected to Grow in Baby Food Products Liability Litigation

The number of cases in MDL 3101 has grown to 75. Due to the widespread use of baby food products, the number of cases is expected to increase significantly in the coming months. Baby food manufacturers, including Walmart are accused of selling products with high levels of toxic heavy metals. 

November 15, 2024: Discovery Phase Underway in Baby Food Products Liability Litigation

The discovery process is underway in MDL#: 3101 – In Re: Baby Food Products Liability Litigation. Throughout the discovery phase, attorneys for plaintiffs and defendants will review and exchange information helping to prepare for trial. The court will also establish rules and set deadlines or schedules for the parties to adhere to. An MDL helps to streamline the pretrial process. 

October 25, 2024: Guidance Expected by End of Year for Lead in Baby Food Products

According to its Closer to Zero initiative, the U.S. Food and Drug Administration (FDA) is expected to issue final guidance on maximum levels of lead allowed in baby food products throughout the country. States like California have taken matters into their own hands passing bills requiring baby food manufacturers to test their products and publish results. 

May 9, 2024: Safe Baby Food Act of 2024 Introduced by Sen. Amy Klobuchar

Senator Amy Klobuchar has introduced the Safe Baby Food Act of 2024 to help establish limits for heavy metals in baby and toddler foods throughout the U.S. Senator Klobuchar had introduced similar legislation in 2021. However, as concerns grow over the safety of commercial baby food, congress may be more ready to act. 

April 11, 2024: JPML Agrees to Centralize Baby Food Lawsuit Cases

The Judicial Panel on Multidistrict Litigation (JPML) has issued an order to consolidate multiple baby food lawsuits into multidistrict litigation out of the Northern District of California. Judge Jacqueline Scott Corley has been assigned to oversee the litigation. More cases are expected to be added to the lawsuit over the next year with the litigation anticipated to grow throughout 2025.

About the Walmart Baby Food Lawsuit:

Overview of the Walmart Baby Food Lawsuit

Individuals are filing lawsuits against Walmart, who makes and sells Parent’s Choice baby food, alleging its products contained high levels of toxic heavy metals that harmed the development of children. These lawsuits allege Walmart failed to properly warn consumers about the amounts of heavy metals in baby foods and the injuries these contaminants could cause. Exposure to heavy metals such as arsenic, lead, cadmium, and mercury has been linked to neurodevelopmental disorders including autism and ADHD. 

The U.S. House of Representative’s Subcommittee on Economic and Consumer Policy requested internal documents and test results from major baby food manufacturers, including Walmart. Only four companies responded to the inquiry. The results were published in a report titled, “Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury.” Walmart refused to cooperate with the investigation. Independent testing, however, revealed dangerously high levels of heavy metals in some of its Parent’s Choice baby foods.

If your child developed autism spectrum disorder after consuming baby and toddler foods made by Walmart, contact our firm to learn about your legal options and how you can seek justice for your child.

2021 Congressional Report: Walmart Baby Food Finding and Insights

The 2021 Congressional report found that commercial baby food products had dangerously high levels of toxic heavy metals. Upon request for internal documentation and testing results, Walmart refused to cooperate with the investigation. The Subcommittee noted that the lack of cooperation may be an attempt to “obscure the presence of even higher levels of heavy metals” compared to their competitors. 

Heavy metal levels in Walmart’s competitors were often significantly higher than what is allowed under current regulations for other types of products. The baby food industry as a whole is grossly underregulated leading to concerns over the safety of its products.

Toxic Metals Found in Walmart Baby Foods

Independent testing of Walmart’s Parent’s Choice products confirms the presence of heavy metals. While these metals occur naturally in the environment, little is done to minimize the level of these toxins in finished baby food products. 

Heavy Metals Identified in Walmart (Parent’s Choice) Baby Food Products:

• Arsenic
• Lead
• Cadmium
• Mercury

Heavy metals are frequently absorbed through contaminated soil and water. However, there are ways to mitigate exposure in finished baby food products. Walmart refused to cooperate with the Subcommittee’s request for internal documentation and testing about the heavy metals in their products causing concern that they may have even higher levels of toxins than their competitors. 

Arsenic

Arsenic is toxic to humans, particularly babies and young children. A 2019 Healthy Babies Bright Futures study found that 73% of baby food products contained arsenic. While a 2023 Consumer Reports study found that the arsenic levels in some products had improved, the overall risk of harm remained significant. Because rice and rice-based products absorb 10 times more arsenic than other grains, rice remains a top source of arsenic exposure in infants, as many babies consume infant cereals, teething biscuits, and other grain-heavy products. 

Lead

Lead poisoning can have a devastating impact on a child’s health and development. When tested by Healthy Babies Bright Futures, 94% of baby food products contained lead. Fruit juices, products containing root vegetables, and teething biscuits often held the highest concentrations of lead. 

Cadmium

The 2019 Healthy Babies Bright Futures study detected cadmium in 75% of the baby food products tested. By 2023, cadmium levels had decreased in some products, but cadmium remains at a concerning level in many baby and toddler foods. Baby foods made with root vegetables such as sweet potatoes and carrots generally contained the highest levels of cadmium. 

Mercury

Despite its toxicity, many companies do not test for mercury. The 2019 Healthy Babies Bright Futures study revealed that 32% of baby foods tested contained mercury. It is uncertain if Walmart tested Parent’s Choice products for mercury, because the company would not turn over internal testing documents.

Walmart Baby Food Products With Heavy Metals

Many of Walmart’s baby food products, sold under the name Parent’s Choice, are believed to be contaminated with heavy metals. While these metals occur naturally in the environment, limited efforts are made to mitigate the exposure in final products. 

Toxic metals that were found in Walmart’s Parent’s Choice foods:

Arsenic:

• Parent’s Choice Rice Baby Cereal 8 oz – recalled due to high levels of inorganic arsenic
• Organic Strawberry Rice Rusks – Stage 2, 6+ months – 66 parts per billion (ppb)

Lead:

• Organic Strawberry Rice Rusks – Stage 2, 6+ months – 26.9 ppb

Cadmium:

• Carrots – Stage 2, 6+ months – 11.2 ppb
• Little Hearts Strawberry Yogurt Cereal Snack – Stage 3, 9+ months – 26.1 ppb

Mercury:

• Few companies test for mercury contamination in their raw ingredients or finished products. Walmart did not reveal testing results.

Studies Linking Autism to Walmart Baby Food Consumption

Multiple studies have linked autism to consumption of baby food contaminated with toxic heavy metals. Research has revealed that children with autism spectrum disorder (ASD) have higher levels of heavy metals in their blood and hair. Many researches think that children who consume heavy metals have a higher likelihood of developing Autism and other neurological disorders.

Association Between Heavy Metals Exposure and Child Autistic Disorder

In “Association between heavy metals exposure (cadmium, lead, arsenic, mercury) and child autistic disorder: a systematic review and meta-analysis,” researchers investigated the link between exposure to heavy metals such as cadmium, lead, arsenic, and mercury with autism spectrum disorder (ASD) in children. The study published in 2023 in Frontiers in Pediatrics found higher levels of heavy metals in patients with ASD compared to the control group. The study also noted regional variations with children with autism having notably higher concentrations of lead, arsenic, and mercury compared to their control groups. 

Investigating the Role of Food Pollutants in Autism Spectrum Disorder

In “Investigating the role of food pollutants in autism spectrum disorder: a comprehensive review,” authors explored the potential role of pollutants in non-organic produce and food additives in ASD. The study, published in Naunyn-Schmiedeberg’s Archives of Pharmacology, found elevated levels of cadmium, lead, and mercury in people with autism. Researchers recommend switching to an organic diet and not consuming certain additives such as foods with artificial colors or preservatives.

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 author Emily C. Bair explored the prevalence of heavy metals in baby and toddler foods and sought to evaluate U.S. policies in place to help safe-guard against exposure. The study revealed that heavy metals were present in various baby and toddler foods and that exposure to these metals can lead to neurodevelopmental delays. Furthermore, the study found U.S. policies may not adequately protect children from heavy metal contamination.

Association of Autism With Toxic Metals

In “Association of autism with toxic metals: A systematic review of case-control studies,” researchers reviewed multiple case-control studies to evaluate the link between autism spectrum disorder and exposure to heavy metals. Published in Pharmacology Biochemistry and Behavior the study found that children with ASD had higher levels of toxic metals in their blood and hair samples. The study also suggested that children with ASD may have impaired excretion of heavy metals leading to an increased burden on the body.

Walmart’s Response to Toxic Metal Allegations in Baby Food

Walmart refused to cooperate with the U.S. Government’s document request from the Subcommittee on Economic and Consumer Policy. In their report, the Subcommittee noted that Walmart’s refusal to cooperate may be an attempt to obscure high levels of heavy metals in its products. The report stated, “The Subcommittee is greatly concerned that their lack of cooperation might be obscuring the presence of even higher levels of toxic heavy metals in their baby food products than their competitors’ products.”

United States Government Initiatives to Minimize Heavy Metals in Baby Food

As a result of the 2021 Congressional report, several state and federal initiatives were announced to help eliminate heavy metals in baby foods. These initiatives include mandatory testing and reporting by baby food manufacturers.

State and federal initiatives on heavy metals in baby foods:

• Baby Food Safety Act of 2024: The Baby Food Safety Act of 2024 was introduced by Senator Amy Klobuchar on May 9, 2024. If passed, the law would require mandatory testing of baby food products by manufacturers and would establish limits for heavy metals in those products.
• FDA’s Closer to Zero Initiative: The FDA has announced its Closer to Zero initiative which has engaged stakeholders to come up with guidance and action levels to help promote industry-wide standards for heavy metals in commercial baby food products. Final guidance on heavy metal levels are expected to be issued in 2024 and 2025.
• California AB-899: California Assembly Bill 899 requires baby food manufacturers to test their products monthly and to disclose test results to ensure transparency.

Eligibility Criteria for the Walmart Baby Food Lawsuit

Individuals hoping to file a Walmart baby food lawsuit must meet certain eligibility criteria. These requirements include that the child was born on or after January 1, 2007 and consumed at least six months of specified baby food products. 

Eligibility requirements for Walmart baby food lawsuit:

• Age: Child must have been born on or after January 1, 2007
• Diagnosis: Child must have been diagnosed with autism before the age of 14
• Consumption: Child must have consumed a qualifying baby food product for at least six months. Eligible brands include:

• • Nurture (HappyBABY)
  • Beech-Nut Nutrition Company
  • Hain Celestial Group, inc. (Earth’s Best Organic)
  • Gerber
  • Campbell
  • Walmart (Parent’s Choice)
  • Sprout Foods, Inc. (Sprout Organic Foods)

Many children may have consumed products from multiple manufacturers. It is important to speak to an attorney who is experienced in product liability and contamination lawsuits to ensure the best results for your case. Our team understands how to hold Walmart and other manufacturers liable for the injuries they caused.

Who Would Be Excluded From the Walmart Lawsuit?

While many people will qualify for a Walmart baby food lawsuit, there are some exclusions. It is essential to discuss your case with an attorney to ensure you meet all eligibility requirements. 

Potential exclusions from a Walmart baby food lawsuit:

• Preterm birth (before 37 weeks)
• Low birth weight (less than 5.5 pounds at birth)
• Born before 2007
• Diagnosed with autism after age 14
• Consumed less than six months of specified baby food products
• Mother had specific health or pregnancy complications
• Child had a disqualifying syndromes or conditions 
• Participation in related litigation

Evidence Needed to File a Walmart Baby Food Lawsuit

Substantial evidence is generally needed to file a Walmart baby food lawsuit. A lawyer experienced in toxic exposure lawsuits can help to determine what evidence may be needed to substantiate your claim.

Evidence that may be needed to file a Walmart baby food lawsuit:

• Proof of diagnosis of autism
• Comprehensive medical and mental health records
• Neurodevelopmental assessments
• Proof of purchase of qualifying baby food products
• Proof of consumption frequency and duration
• Product labels
• Growth charts
• Food diaries
• Testing confirming heavy metals
• Family history records

Recoverable Damages in the Walmart Baby Food Lawsuit

Recoverable damages in a Walmart baby food lawsuit may include economic and non-economic losses. Successful lawsuits may include compensation for past and future medical expenses, costs related to therapy and counseling, educational support, and childcare costs.

Additional compensation includes damages related to emotional distress, loss of quality of life, and lost wages. In cases where the condition is severe, compensation may include coverage for home modifications, assistive devices, and the potential for an allocation for a special needs trust.

How to File a Walmart Baby Food Lawsuit

Several steps should be followed to file a Walmart baby food lawsuit. The most important is consulting with an attorney experienced in toxic exposure and product liability litigation. 

3 Steps to file a Walmart baby food lawsuit:

1. Consult with a toxic exposure lawyer: The first step in a Walmart baby food lawsuit is to consult with a toxic exposure lawyer. A lawyer will provide guidance on the legal process and will help to determine whether you qualify for compensation. 
2. Collect evidence: Gather the necessary evidence to support your claim. Evidence may include your child’s autism diagnosis, medical records, proof of purchase, and witness statements.
3. File the claim: With eligibility determined and evidence collected, your attorney will file the claim in the appropriate courthouse. Prior to filing, the attorney will ensure that your claim meets all legal requirements including that it is filed within the statute of limitations.

Walmart Baby Food Settlement and Payout Amounts

While Walmart baby food lawsuits are in their early stages, payouts and settlements are expected to range from $500,000 to $1.5 million, depending on the circumstances of the case. Factors that may influence the value of your case include the severity of your child’s condition and what products your child consumed. It is important to consult with an attorney to determine a case-specific value of your case. 

Statute of Limitations to File a Walmart Baby Food Lawsuit

The statute of limitations or legal deadline in a Walmart baby food lawsuit is state-specific. In general, plaintiffs have between 1 and 6 years to take legal action against a manufacturer. Certain factors may impact the amount of time you have to file a claim. If you only recently learned that your child’s autism may be linked to baby food, you may still have time to file a case. Consulting with an attorney as early in the process as possible can help to ensure timely filing of your case. 

Contact a Walmart Baby Food Lawyer

King Law has decades of experience handling toxic exposure cases. Parents of children diagnosed with autism after consuming Walmart baby food products are encouraged to contact King Law to determine if they may be eligible to take legal action. It is important to act quickly to ensure your case is filed within the statute of limitations. 

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