Written by Jonathan Stempel
NEW YORK (Reuters) – A U.S. judge has ruled that Hain Celestial Group (NASDAQ:) must face a proposed class action lawsuit alleging that its baby food labels did not disclose the presence of arsenic. U.S. District Judge Nina Morrison in Brooklyn stated that parents had valid claims that certain Earth’s Best Baby Food products from Hain exceeded safe arsenic levels, which could influence parents’ decisions on purchasing healthy and safe food for their children.
However, the judge dismissed claims regarding other heavy metals like lead, cadmium, and mercury, citing a lack of clear safety benchmarks for children. Following the ruling, Hain’s shares dropped by 7.2% on Monday.
Hain, based in Hoboken, New Jersey, argued for dismissal, claiming that the parents did not show harm to themselves or their children and that heavy metals are naturally present in soil and water. The company also denied allegations of misleading labeling.
This lawsuit is part of a series of legal actions against baby food producers for allegedly concealing toxic levels of heavy metals in their products. Defendants in similar nationwide litigation include Beech-Nut, Nestle’s Gerber, Danone’s Nurture, Walmart, and Hain, all of whom have denied the safety concerns.
Parents filed the lawsuit following a 2021 report by a U.S. House of Representatives subcommittee, which highlighted the dangers of heavy metals in baby food causing neurological damage.
The case is known as In re Hain Celestial Heavy Metals Baby Food Litigation, U.S. District Court, Eastern District of New York, No. 21-00678.