A New Jersey federal court has dismissed claims filed against Plum PBC and Campbell Soup Co. alleging the companies sold baby food products containing high levels of heavy metals. In re Plum Baby Food Litig., No. 21-2417 (D.N.J., entered October 31, 2022). In finding that the plaintiffs lacked standing, the court echoed the reasoning followed by a Virginia federal court in a decision dismissing a lawsuit against Gerber with similar claims.

“Plaintiffs purchased the baby food products from Defendants to feed their children, and these products were fully used for their intended purposes. [] Plaintiffs do not allege that their children have suffered physical harm: the children did not starve or become nutrient deficient. [] Imparting nutrition is ostensibly what Defendants advertised regarding its baby food products,” the court found. “Moreover, the [U.S. Food and Drug Administration’s (FDA’s)] opinion that parents should not throw out their supply of packaged baby foods or eliminate certain foods to avoid toxic elements because it could result in deficiencies in nutrients and poor health outcomes suggests that the products are fulfilling their intended purpose of providing nourishment to babies and infants. While the FDA’s statement is not determinative in this Court’s decision, it substantially weakens and makes less plausible Plaintiffs’ claims that they did not receive the benefit of their bargain with regard to Defendants’ baby food products.”


About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.