Ken Paxton Sues Gerber, Nestle Over Alleged Toxic Metals in Baby Food

Texas Attorney General Ken Paxton (R) has sued Gerber Products Company and Nestle USA, alleging the companies misled parents about baby food safety despite internal testing that allegedly found elevated levels of arsenic, lead, and cadmium.

What is Texas alleging?

The lawsuit, filed in Collin County district court, accuses Gerber and Nestle of violating the Texas Deceptive Trade Practices Act by marking baby food as safe, pure, and rigorously tested while allegedly using ingredients containing dangerous levels of toxic heavy metals.

According to Paxton's office, Gerber used 67 batches of rice flour from 2017 through 2019 that contained more than nine times the arsenic level allowed in bottled water under federal standards. The state also alleges Gerber's carrots contained up to 17 times that benchmark for cadmium, and its sweet potatoes contained nearly 10 times the benchmark for lead.

The attorney general further alleges that Gerber rarely tested for mercury and generally tested selected ingredients rather than finished products during much of that period.

Why is the testing under scrutiny?

The lawsuit cites concerns about heavy metals' potential effects on children's neurological development. Paxton's office also points to a 2021 Alaska laboratory analysis that found two Gerber rice cereal samples exceeding the federal arsenic limit.

The state argues that Gerber continued selling its products without a heavy-metal-related recall or warning, even as it promoted their safety. Paxton also criticized the company's use of QR codes to provide testing information, arguing that additional disclosures do not resolve concerns about product safety claims.

AG Ken Paxton: "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."

What happens next?

The lawsuit seeks to hold Gerber and Nestle accountable under Texas consumer-protection law. The allegations have not yet been established in court. Gerber has said its products undergo rigorous testing and meet established U.S. Requirements, according to reporting by UPI.