Texas AG Sues Gerber and Nestlé Over Heavy Metals in Baby Food

Texas Attorney General Ken Paxton has filed a lawsuit against Gerber Products Company and its parent company, Nestlé USA, accusing them of misleading consumers about the safety of their baby food products. The 68-page lawsuit alleges that the companies advertised Gerber baby food as “safe, pure, and rigorously tested,” despite internal testing showing dangerous levels of toxic heavy metals, including arsenic, lead, mercury, and cadmium.

Allegations of Misleading Marketing

The lawsuit claims that Gerber and Nestlé engaged in false, misleading, and deceptive acts under the Texas Deceptive Trade Practices Act. According to the filing, the manufacturers knew some products exceeded federal regulations but continued selling them without issuing a recall or disclosure. The suit states that federal health agencies rank arsenic, lead, mercury, and cadmium first, second, third, and seventh on the national priority list of substances posing the most significant potential threat to human health. It further notes that “there is no established safe level of inorganic arsenic or lead for a baby.”

Attorney General Paxton stated, “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.”

Internal Testing and Regulatory Comparisons

The lawsuit details internal testing results from 2017 through 2019, alleging that Gerber rarely tested for mercury and primarily tested ingredients rather than finished products. The filing states that internal tests showed 67 batches of rice contained more than 90 parts per billion of inorganic arsenic, sweet potatoes contained up to 48 parts per billion of lead, and carrots contained up to 87 parts per billion of cadmium.

According to the lawsuit, these levels are “nine times more arsenic and lead and 17 times more cadmium than federal guidelines allow in bottled drinking water.” The suit also references a 2021 congressional subcommittee conclusion that the manufacturer would “knowingly sell these products to unsuspecting parents.”

In 2021, a Texas state public health lab tested infant rice cereal and reported results to manufacturers and the Food and Drug Administration. The lawsuit states that Gerber averaged 87.43 parts per billion of inorganic arsenic, with two samples exceeding the federal limit of 100 parts per billion. The filing notes that a competitor, Beech-Nut, issued a recall for its products despite having a lower average, while Gerber did not offer a disclosure or recall.

Recent Changes and Ongoing Investigation

In 2025, to comply with California law, Gerber added QR codes linking consumers to heavy metal reports. However, Paxton’s lawsuit alleges the company did not change its practices and continued to advertise misleading information. The Attorney General’s office noted that this lawsuit follows a previous settlement with Plum, which legally affirmed that company’s commitment to testing for dangerous heavy metals and publishing publicly accessible results.

Texas Border Business reported that the Attorney General’s office has issued Civil Investigative Demands to Gerber and Nestlé, and that the investigation remains ongoing with no findings of wrongdoing made at this stage. The Washington Examiner reached out to Gerber and Paxton’s office for comment.

Why it matters

This lawsuit highlights growing scrutiny of heavy metal contamination in infant food products. It underscores the legal and public health implications of marketing claims regarding product safety and testing rigor. The case may influence how companies disclose testing results and manage regulatory compliance for products intended for vulnerable populations.

---

Sources

• washingtonexaminer.com: Paxton sues Gerber and Nestlé, alleging dangerous levels of heavy metals
• texasborderbusiness.com: AG Paxton Sues Gerber and Nestlé Over Heavy Metals in Baby Food - Texas Border Business

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.