Paxton sues Gerber over alleged heavy metals in baby food

Gerber disputes allegations, says products meet FDA limits

The Texas Attorney General’s office filed suit Wednesday against Gerber Products Co. and its parent company Nestlé, alleging that the baby food maker’s products contained unsafe levels of arsenic, lead, and cadmium.

The complaint was filed in Collin County, Texas, under the Texas Deceptive Trade Practices Act. It alleges that 67 batches of Gerber’s rice flour contained more than nine times the amount of arsenic allowed by federal limits, and that Gerber products also contained excessive amounts of lead and cadmium.

Paxton said in a press release that Gerber “promised parents its food was safe and rigorously tested,” but that “its own tests showed toxic metals in the food.” He added: “When a company makes promises about what parents feed their babies, I will hold it accountable to ensure those promises are kept.”

Gerber disputed the allegations in a statement. The company said every product undergoes “rigorous testing” and meets established U.S. Food and Drug Administration limits for heavy metals. “Heavy metals are commonly found in the environment and can be absorbed by fruits, vegetables and grains in trace amounts as they grow,” the company said, adding that “while heavy metals cannot be completely eliminated from the food supply, Gerber has long been committed to reducing their presence through careful ingredient sourcing, supplier requirements, testing and quality controls.”

Gerber said it “strongly supports” the FDA’s Closer to Zero Action Plan, an initiative aimed at keeping children’s exposure to food supply contaminants as low as possible, and said it “continued science-based methods” to reduce that exposure.

The lawsuit claims Gerber’s safety claims do not match its testing results, which consumers can access via a QR code on the back of products. The complaint also alleges Gerber selectively tested ingredients rather than finished products. “A code on the back of the jar does not cure false promises on the front,” the press release said.

In its response, Gerber said every product undergoes multiple quality checks and testing for more than 500 toxins and contaminants. “Nothing is more important than the safety and quality of our baby food, and it remains undisputed that Gerber products meet FDA standards for heavy metals,” the company said.

The lawsuit comes several weeks before Paxton faces state Rep. James Talarico, a Democrat, in midterm elections for a U.S. Senate seat.