Happy Baby Rice Puffs Heavy Metal Content Class Action

A US House of Representatives Subcommittee on Economic and Consumer Policy has issued a report on heavy metals found in baby food, and this class action is one of several filed in reaction. The complaint alleges that heavy metals are present in the flavored rice puffs made by Nurture, Inc. under the name Happy Baby Superfood Puffs Organic Grain Snack.

The class for this action is all those who live in New York and Wyoming who bought the products during the applicable statutes of limitations.

The Nurture rice puffs are intended for developing children, the complaint says, and marketed as if they were healthy food choices. The front and back labels contain words and phrases such as “Organics,” “Superfood,” “We are a team of real parents, pediatricians & nutritionists on a mission to bring health and happiness to our little ones and the planet,” “25 mg choline per serving to support brain and eye health,” and “Come meet our dedicated team and learn more about our carefully crafted products…”

Also, the complaint alleges that the products’ online and print marketing similarly claim the products are suitable for developing children, with such statements as, “Irresistible in taste and texture, they’re perfect for teaching babies tactility & self-feeding,” “Babies may be ready for our delicious snacks when they can crawl on their hands and knees, without their tummy touching the ground,” and “Mindfully Made: We develop premium organic recipes perfectly matched with your child’s age and stage…”

Despite all this, the complaint alleges that the rice puffs contain “significant levels” of arsenic, mercury, lead, cadmium, and perchlorate.

The Food and Drug Administration (FDA) and the World Health Organization (WHO) have said that arsenic, lead, cadmium, and mercury are “dangerous to human health, particularly to babies and children, who are most vulnerable to their neurotoxic effects.” The complaint claims that “[e]ven in trace amounts found in food, these heavy metals can alter the developing bring and erode a child’s IQ and increase risk of future criminal and antisocial behavior in children.”

The complaint reviews some of the limits set by different entities for these substances and the potential harm the substances can cause. It compares the limits set for food and water to the levels permitted by Nurture’s internal standards, and it alleges that Nurture’s “internal company standards permit dangerously high levels of toxic heavy metals.”

The counts include breaches of warranties, negligent misrepresentation, fraud, unjust enrichment, and violation of New York’s General Business Law.

Article Type: Lawsuit
Topic: Consumer
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels, Food Contamination, Heavy Metals