Attorney General Ken Paxton is suing Nestle, and its subsidiary Gerber, accusing the baby food manufacturer of misleading parents about toxic heavy metals in their products.
The lawsuit alleges that Gerber marketed its products as safe, rigorously tested, and recommended by pediatricians despite internal testing that revealed elevated levels of arsenic, lead, and cadmium.
According to the attorney general’s office, Gerber used 67 batches of rice flour between 2017 and 2019 containing arsenic levels greatly exceeding the federal limit for bottled water.
Testing also revealed cadmium levels in carrots reaching 17 times the bottled-water limit and lead levels in sweet potatoes approaching 10 times that limit.
The lawsuit further alleges that Gerber rarely tested for mercury and primarily tested individual ingredients rather than finished products during much of that period.
Exposure to toxic heavy metals in early childhood can pose risks to neurological development, particularly because infants and young children are more vulnerable to their effects.
In 2021, an Alaska state laboratory identified two samples of Gerber rice cereal exceeding the federal arsenic limit, according to Paxton’s office.
Competitor Beech-Nut subsequently recalled its infant rice cereal and discontinued the product after testing revealed elevated arsenic levels. Gerber, however, did not issue a recall or warning related to heavy metals.
“Gerber promised parents its food was safe and rigorously tested. Its own tests showed toxic metals in the food,” said Paxton. “When a company makes promises about what parents feed their babies, I will hold it accountable to ensure those promises are kept.”
In a statement to Texas Scorecard, a Gerber spokesperson disputed the allegations, maintaining that the company’s products comply with federal safety standards.
“At Gerber, nothing is more important than the safety and quality of our baby food, and it remains undisputed that Gerber products meet FDA limits for heavy metals,” the spokesperson stated.
They also said that every Gerber product undergoes testing for more than 500 toxins and contaminants and that its safety standards often exceed federal regulatory requirements.
The Gerber spokesperson further emphasized that heavy metals occur naturally in the environment and can be absorbed by crops, adding that the company supports the FDA’s efforts to reduce children’s exposure to contaminants.
Paxton is pursuing claims under the Texas Deceptive Trade Practices Act, which prohibits false, misleading, and deceptive business practices.
The lawsuit follows a previous settlement between Paxton’s office and baby food manufacturer Plum Organics, which established commitments to heavy-metal testing, ensuring strict limits and publicly accessible testing results.
