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Happy Baby Food Contains Significant Levels of Heavy Metals Class Action

Nurture, Inc. does business as Happy Family Brands, selling baby foods under, for example, the brand Happy Baby Organics. Unfortunately, two recent reports have alleged that Nurture and other companies permit baby foods to contain objectionable levels of heavy metals, including arsenic, lead, cadmium, and mercury. The complaint for this class action brings suit against Nurture for its misrepresentation of its baby foods.

The class for this action is all persons in the US who, between January 1, 2017 and the present, bought the Tainted Baby Foods for household or personal use.” A Florida Subclass has also been defined.

Nurture likes to give the impression that its baby foods are healthy and that they are quality products. The complaint alleges, “Nurture has warranted that its baby foods are ‘organic,’ ‘non-GMO,’ and ‘safe’…” The complaint also charges that Nurture gives the impression that certain of its foods are good and appropriate for very young children by labeling the foods as “Stage 1” or “Stage 2” foods, signifying age ranges for the products, and also sometimes characterizes foods as for a “crawling baby,” “sitting baby,” or “walking baby.”

However, the complaint alleges that “the Tainted Baby Foods have been shown to contain worrying levels of arsenic, cadmium, lead, and/or mercury—all known to pose health risks to humans and particularly to infants.”

How do we know this? First, an alliance of nonprofit organizations called Healthy Babies Bright Futures had laboratory tests done in April 2019, testing 168 samples of baby foods for arsenic, lead, cadmium, and mercury. The products tested included fourteen Happy Baby Organics baby food products. The tests showed heavy metals in the samples.

The report said that the heavy metals are neurotoxins that can “diminish quality of life, reduce academic achievement, and disturb behavior, with profound consequences for the welfare and productivity of entire societies.” Even trace amounts of these substances, the complaint alleges, can harm babies.

After this came an investigation by a Congressional Subcommittee, which asked for baby food samples from the seven largest manufacturers in the US, including their testing policies and testing reports. Nurture was among those companies.

The complaint alleges, “The Subcommittee concluded that [Nurture] used ingredients in its baby food that contained arsenic, lead, cadmium, and mercury.” Further, it said, “The Subcommittee also found that Nurture ‘routinely sold products’ containing heavy metals in excess of its internal standards, and that Nurture sold products even after testing confirmed that they contained dangerously high levels of heavy metals.”

The complaint alleges breach of express and implied warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, unjust enrichment, as well as violation of consumer protection laws.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Happy Baby Food Contain Significant Levels of Heavy Metals Complaint

March 11, 2021

Nurture, Inc. does business as Happy Family Brands, selling baby foods under, for example, the brand Happy Baby Organics. Unfortunately, two recent reports have alleged that Nurture and other companies permit baby foods to contain objectionable levels of heavy metals, including arsenic, lead, cadmium, and mercury. The complaint for this class action brings suit against Nurture for its misrepresentation of its baby foods.

Happy Baby Food Contain Significant Levels of Heavy Metals Complaint

Case Event History

Happy Baby Food Contain Significant Levels of Heavy Metals Complaint

March 11, 2021

Nurture, Inc. does business as Happy Family Brands, selling baby foods under, for example, the brand Happy Baby Organics. Unfortunately, two recent reports have alleged that Nurture and other companies permit baby foods to contain objectionable levels of heavy metals, including arsenic, lead, cadmium, and mercury. The complaint for this class action brings suit against Nurture for its misrepresentation of its baby foods.

Happy Baby Food Contain Significant Levels of Heavy Metals Complaint
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels, Food Contamination, Heavy Metals