FILE - A jar of Gerber oatmeal baby food is arranged for a photograph in West Orange, New Jersey, April 12, 2007. (Photo by Emile Wamsteker/Bloomberg via Getty Images)
AUSTIN, Texas - Texas has filed a lawsuit against Gerber Products Co. and Nestlé USA, alleging the companies misled Texans about the safety and testing of Gerber baby food.
Texas alleges contaminated ingredients
What we know:
The lawsuit was filed on Oct. 9 in Collin County district court in North Texas. Texas claims Gerber marketed its products as safe, pure and rigorously tested. They state that the products are recommended by medical professionals despite internal test results showing the presence of arsenic, lead, cadmium and mercury, according to Texas Attorney General Ken Paxton.
According to the lawsuit, Gerber used 67 batches of rice flour from 2017 through 2019 that contained inorganic arsenic. Exceeding the federal limit for inorganic arsenic in bottled water.
The lawsuit also alleges Gerber’s carrots contained cadmium, while its sweet potatoes allegedly contained excessive amounts of lead.
Health risks of toxic heavy metals in infant food
Arsenic, lead, mercury and cadmium are toxic heavy metals that can affect the nervous system. The attorney general’s office said there is no established safe level of lead or inorganic arsenic exposure for babies.
Gerber baby food and cereal for sale at a New Jersey Shoprite supermarket. (Photo by James Leynse/Corbis via Getty Images)
What they're saying:
Paxton’s office said Gerber rarely tested for mercury and often tested individual ingredients instead of the finished products consumed by babies.
"Gerber promised parents its food was safe and rigorously tested. Its own tests showed toxic metals in the food. When a company makes promises about what parents feed their babies, I will hold it accountable to ensure those promises are kept," Paxton said in a news release.
Gerber began posting test results through QR codes on its labels in 2025 to comply with California law. Paxton’s lawsuit argues the QR codes do not resolve the alleged deception because the products and safety claims remain unchanged.
Lack of product recalls
Dig deeper:
The state is suing under the Texas Deceptive Trade Practices Act. It also seeks civil penalties of up to $10,000 for each alleged violation, which the petition says could exceed $10 million, as well as restitution and other costs.
The lawsuit says the company Beech-Nut recalled its infant rice cereal and stopped selling the product after testing showed lower average arsenic levels than Gerber’s cereal. Gerber still did not issue a recall or warning over heavy metals, according to the petition.
Gerber has recalled products for issues including plastic and choking hazards, but has not recalled a product because of heavy metals, the attorney general’s office said.
The Source: Information in this article was provided by the Texas Attorney General's Office.