Miranda Hernandez has filed a serious complaint against Walmart. She says that from October 2010 to March 2014, she unknowingly fed her child baby food that contained harmful heavy metals, specifically from Walmart’s Parent’s Choice brand.
The lawsuit claims Walmart set limits for toxic heavy metals like lead and arsenic in its baby food but did not actually enforce these rules. According to Hernandez, Walmart didn’t require suppliers to show test results for these metals. They also didn’t conduct their own tests to ensure safety.
Before December 2018, Walmart allegedly applied these standards unevenly, protecting some baby foods while leaving others completely unregulated. After 2018, Hernandez claims that Walmart further eased these standards, permitting up to 100 ppb of inorganic arsenic across all dry baby foods, which raises concerns about infant health.
Hernandez points out that Walmart did not cooperate with investigations by a House Subcommittee looking into toxic metals in baby foods. The Subcommittee was worried that Walmart might be hiding higher levels of these harmful substances in its products. An independent report, from a group called Happy Babies Bright Future, confirmed that Walmart’s baby foods contain these toxins.
Hernandez believes that Walmart knowingly put babies at risk without warning parents or taking proper safety measures. She claims this exposure has led to her child’s Autism and possibly ADHD.
January 2025 Toxic Baby Food Lawsuit Update
Recently, Judge Corley issued an order about procedural matters in this ongoing case. The court has set a deadline of February 21, 2025, for all parties to agree on how to format a Short Form Complaint. This aims to simplify the large number of lawsuits related to this issue. If they can’t agree, they will need to bring the disagreements to the court.
The court also provided guidance on handling disputes over evidence collection, suggesting that all sides should try to talk and resolve issues among themselves before seeking court intervention.
The next case management conference is scheduled for February 27, 2025. During this meeting, the court will discuss the Short Form Complaint and address any remaining issues. It will also cover important hearings on attempts to dismiss some claims, which could greatly impact the future of the litigation.