When the House of Representatives Subcommittee was investigating heavy metals in baby foods, Walmart’s Parent’s Choice was one of the makers that refused to cooperate with the investigation. The complaint for this class action alleges that Walmart “chose to omit or conceal” that its Parent’s Choice baby foods “contained, or were at risk of containing, levels of heavy toxic metals, and therefore deceptively misled” those who bought those baby foods, trusting that they were natural and safe for babies.
The Nationwide Class for this action is all persons in the US who bought Walmart’s Parent’s Choice baby food products, for household or business use, during the applicable statutes of limitations, and who have not received a refund or credit for their purchases. Subclasses have been proposed for Florida, Indiana, Nebraska, New York, North Carolina, Oklahoma, Pennsylvania, Texas, Utah, and Arkansas.
A list of the products at issue is in the complaint, linked below, on pages 8 and 9.
Walmart, according to the complaint, advertises its Parent’s Choice baby food products as being, “among other things, organic, non-GMO, free from artificial flavors, colors, and preservatives, and ‘great for you. Walmart’s representations about its baby food products indicate and lead consumers to believe that they are safe for consumption by infants and young children.’” But are these representations true?
The baby food investigation was carried out by the Subcommittee on Economic and Consumer Policy, Committee on Oversight and Reform, which intended to look at baby foods by the major commercial baby food makers in the US. As part of the investigation, the Subcommittee asked seven major baby food makers, including Parent’s Choice, to supply documentation and test results. Parent’s Choice refused to cooperate.
The investigation ended with a report, published on February 4, 2021, noting that it had found that many baby foods by popular makers are “tainted with significant levels of toxic heavy metals, including arsenic, lead, cadmium, and mercury.”
The complaint claims, “The Subcommittee found [Parent’s Choice’s] lack of transparency greatly concerning, fearing that they might be obscuring the presence of higher levels of toxic heavy metals in their baby food products than their competitors’ products.”
Previous to this investigation, an alliance of nonprofit organizations, scientists, and doctors called Healthy Babies Bright Futures had tested a number of baby foods for heavy metals. Their report, published in October 2019, showed that several of the Walmart products had unsafe levels of heavy metals.
The complaint alleges that Walmart knew that the presence of things like toxic heavy metals in its baby foods mattered to customers. It claims that Walmart’s own representations about its baby foods are proof that it knew that this kind of thing mattered. The counts it lists against Walmart include breaches of express and implied warranty, fraud by omission, intentional and negligent misrepresentation, quasi contract, and violations of state consumer protection laws, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Parent’s Choice Baby Foods Contain Heavy Metals Complaint
April 28, 2021
When the House of Representatives Subcommittee was investigating heavy metals in baby foods, Walmart’s Parent’s Choice was one of the makers that refused to cooperate with the investigation. The complaint for this class action alleges that Walmart “chose to omit or conceal” that its Parent’s Choice baby foods “contained, or were at risk of containing, levels of heavy toxic metals, and therefore deceptively misled” those who bought those baby foods, trusting that they were natural and safe for babies.
Parent’s Choice Baby Foods Contain Heavy Metals ComplaintCase Event History
Parent’s Choice Baby Foods Contain Heavy Metals Complaint
April 28, 2021
When the House of Representatives Subcommittee was investigating heavy metals in baby foods, Walmart’s Parent’s Choice was one of the makers that refused to cooperate with the investigation. The complaint for this class action alleges that Walmart “chose to omit or conceal” that its Parent’s Choice baby foods “contained, or were at risk of containing, levels of heavy toxic metals, and therefore deceptively misled” those who bought those baby foods, trusting that they were natural and safe for babies.
Parent’s Choice Baby Foods Contain Heavy Metals Complaint