UPDATE: First court battle over toxic metals in baby food set for trial in 2023
WASHINGTON (TND) — There is a major new development in a Spotlight on America exclusive investigation on toxic heavy metals in baby food. A groundbreaking case is moving to trial, alleging some of the country’s leading baby food makers knowingly sell products containing dangerous neurotoxins.
We've been exposing contaminants in trusted baby food for years, tracing the developments from every angle.
The issue has made headlines, gotten the attention of Congress, even raised alarms among leading scientists. But never before has the baby food industry been forced to explain to a jury why these products remain on the shelves: until now.
A groundbreaking legal case is officially going to trial. It's being brought by attorney Pedram Esfandiary in Southern California, who told Spotlight on America earlier this year, the evidence is clear.
"The data is truly overwhelming here," Esfandiary told us. "We're talking about toxic heavy metals: lead, mercury and arsenic. These are well known potent neurotoxins that have no business in a human body."
Esfandiary is the architect of this legal battle taking on an army of industry goliaths including Gerber, Wal-Mart and Beech-Nut, claiming the toxins may be impacting generations of children. As we first reported earlier this year, Esfandiary and his team called a group of leading experts to testify that science can prove a connection between toxic heavy metals and ADHD and autism in the brain. A judge ruled that their science and methodology was sound enough to greenlight the case moving forward.
"Throughout the years, there's been study after human study demonstrating that the way in which these metals interact with a human brain can directly cause autism and ADHD," Esfandiary told us. "And this is the first time that we'll get to explore this issue in litigation as it relates to baby food, which is shocking."
For years, our team has been first to expose troubling discoveries around this issue. We tracked down the scientists who warned both the FDA and the industry of toxins in the food all the way back in 2016, but say nothing meaningful was done. They told us instead of heeding the warning, industry looked to impugn their science and ignore their findings.
Congress didn't ignore them.
Their lab tests were later used in a pair of scathing investigations by a Congressional Subcommittee led by Rep. Raja Krishnamoorthi (D-IL).
Among the stunning findings, baby foods and their ingredients far surpass levels of heavy metals allowed in bottled water by the FDA. That includes some products which contained up to 91 times the allowable level of arsenic set for bottled water, up to 177 times the allowable level of lead, up to 69 times the allowable level of cadmium, and up to five times the allowable level of mercury.
The committee’s report found not only do baby food companies "under-report the high levels of toxic content in their baby food - but also knowingly keep toxic products on the market."
Reactions from Congress are pouring in. Representative Rosa DeLauro (D-CT), who secured millions in funding to ensure the removal of heavy metals in baby foods applauded the news of the case moving forward, telling us:
“I am glad to hear the news that a judge has cleared the way to finally ensure that major baby food manufacturers that knowingly sold a contaminated product can be held accountable for their actions. We have a real problem in this country. Companies are increasingly consolidated, with a few big players dominating the market while not prioritizing the safety of their products. I want the Food and Drug Administration (FDA) to move expeditiously on their Closer to Zero action plan, prioritize food safety, and expedite investigations into serious allegations of lax food safety practices.
“As Chair of the House Appropriations Committee, I secured $7 million dollars in funding for the Closer to Zero initiative to ensure the removal of heavy metals from baby food products, as well as directed the FDA to brief the Committee on the status of their action plan. Baby food should be one of the safest products we sell on the market, and no caregiver should have to wonder if the food they purchase for their children is safe. There must be accountability for companies that put their own profit motives over the lives and safety of children.”
Baby food makers named in the lawsuit say their products are safe and the health of families is their priority. In May of 2023, a jury in Southern California may decide if that's true.
"All that matters is what the truth is," Esfandiary told Spotlight on America. "Because these defendants ignored the problem, deliberately buried their head in the sand, this happened and they need to be held accountable."
At the center of the case is Melissa Cantabrana, mom to Noah, who has been struggling with autism, diagnosed when he was 33 months old. It's kept him in therapy for years. Cantabrana believes his diagnosis is directly related to the foods he ate as an infant.
Melissa told us she's disturbed to see the very same contaminated products remain on supermarket shelves, so she's pushing ahead on a case that could shake up an industry relied on by millions of families.
"One of the big reasons why we're doing this is to fight for not just our family and our son, but to fight for all of the other parents that are going through the same thing," said Cantabrana. "I'm hopeful that we will get to share this information out there to other moms and other families, that it's time to stop."
You can read the full 41-page complaint below:
To see more of our exclusive interviews with the attorney and plaintiff in the case, as well as read the expert testimony that brought us here, click here, or watch our story below:
