Arsenic Claims Against Hain Celestial Baby Foods to Move Ahead, Court Rules

A woman holds a baby's foot in a file photo. Loic Venance/AFP via Getty Images

Health and wellness company Hain Celestial Group must face allegations that the corporation’s baby food products contained high levels of arsenic, which posed a health risk to babies, a district court in New York has ruled.

Plaintiffs in the class action alleged that Hain “deceptively marketed its baby food products as ‘pure, quality products,’ ‘Nurturing Baby the Purest Way,’ and ‘Made with Superior Ingredients,’ when they in fact contained dangerous amounts of lead, arsenic, cadmium, mercury, perchlorate, and other undesirable toxins or contaminants,” according to the Dec. 27 court order. They alleged multiple causes of action including false advertising, breach of express warranty, and negligent misrepresentation.

New Jersey-based Hain filed a motion to dismiss the allegations citing lack of standing and failure to state a claim. Oral arguments were heard by the U.S. District Court, Eastern District of New York, in August. On Friday, the court allowed plaintiffs’ claims about arsenic contamination to move forward while dismissing those related to other contaminants.

These claims were allowed as plaintiffs “plausibly alleged that at least some of Hain’s products exceed specific, recognized safe thresholds for arsenic in baby food products.”

The court noted that this was crucial information for customers buying the products as they may have been “willing to pay a premium for healthy and safe products.”

According to the U.S. Food and Drug Administration (FDA), exposure to arsenic at high levels at the time of brain development is linked to neurological effects such as lowered IQ and learning disabilities.

“Fetuses, infants, and children are particularly vulnerable to the potential harmful effects from arsenic exposure because of their smaller body sizes and rapid metabolism and growth,” it said.

Claims related to lead, cadmium, mercury, perchlorate, and other undesirable toxins or contaminants were denied as plaintiffs failed to identify federal limits for heavy metals in baby foods, and only “broadly alleged” that the products were “toxic” or dangerous,” the court said.

The Epoch Times reached out to Hain Celestial for comment but received no reply by publication time.

Toxic Metals in Baby Foods

In 2021, a House Oversight subcommittee report detailed the presence of “dangerous levels of toxic heavy metals” in some baby foods to the extent that they could cause neurological damage. Hain was one of the examined brands.

“In 100 percent of the Hain baby foods tested, inorganic arsenic levels were higher in the finished baby food than the company estimated they would be based on individual ingredient testing,” it said.

According to a Dec. 3 update from the FDA, the federal agency is looking to develop “action levels” for food products consumed by children, which are levels used to determine whether an item is adulterated.

The FDA suggested it is considering action levels for arsenic, cadmium, lead, and mercury in several categories of baby foods.

A test conducted by the nonprofit Consumer Reports last year of 14 foods consumed by babies discovered that heavy metal contamination among the items hadn’t changed much over the previous five years.

In May, a group of lawmakers introduced the Baby Food Safety Act of 2024 aimed at tackling the issue.

The bill would require setting a mandate that baby foods not have toxic heavy metals beyond an allowable limit. The FDA would be strengthened in a manner that the agency can enforce higher safety standards for baby food items sold commercially.

“My legislation will empower the FDA to set limits for the levels of lead, cadmium, mercury, and inorganic arsenic in baby food with meaningful deadlines while mandating sampling, testing, and reporting requirements for baby food manufacturers,” said Rep. Raja Krishnamoorthi (D-Ill.).

He called on “colleagues from both parties to pass this bicameral legislation to address the dangers of heavy metals in baby food and keep our kids safe.”