Texas Lawsuit Targets Gerber and Nestlé Over Alleged Heavy Metals in Baby Food
Parents rely on baby food manufacturers to provide safe, nutritious products for their children. A newly filed lawsuit in Texas has reignited concerns about heavy metals in baby food, with state officials alleging that Gerber and Nestlé USA misled consumers about product safety despite internal testing showing elevated levels of contaminants.
Texas Attorney General Files Lawsuit Against Gerber and Nestlé
Texas Attorney General Ken Paxton has filed a lawsuit against Gerber Products Company and Nestlé USA, alleging that the companies marketed certain baby food products as safe and rigorously tested while internal records reportedly revealed concerning levels of heavy metals, including arsenic and lead.
According to the lawsuit, the companies promoted Gerber baby food as meeting high safety standards and being trusted by parents and healthcare professionals. Texas officials argue that these claims were misleading because internal testing allegedly identified contamination levels that raised safety concerns.
Paxton stated that companies making promises about infant nutrition must be held accountable if those promises do not align with actual product testing results.
Allegations of Arsenic, Lead, and Cadmium
The complaint focuses on several heavy metals that can pose health risks when consumed in significant amounts over time.
Texas authorities claim that between 2017 and 2019, Gerber used dozens of rice flour batches that allegedly contained arsenic levels exceeding federal bottled-water limits by more than nine times. The lawsuit also points to:
- Carrots allegedly containing cadmium levels up to 17 times the bottled-water limit.
- Sweet potatoes allegedly containing lead levels approaching 10 times the bottled-water limit.
- Claims that mercury testing was infrequent during part of the period under review.
State officials argue that these findings are inconsistent with the company’s public safety messaging and may constitute violations of the Texas Deceptive Trade Practices Act.
Gerber Responds to the Claims
Gerber has rejected the allegations and maintains that its products comply with existing U.S. Food and Drug Administration (FDA) standards.
The company has stated that its internal safety requirements frequently exceed federal regulations. Gerber also points to extensive testing procedures throughout its production process, including checks of crops, water sources, ingredients, and finished products.
According to information published on the company's safety resources, products undergo numerous quality-control assessments before reaching consumers. Gerber also provides access to certain testing information through QR codes printed on product packaging.
However, Texas officials argue that providing test results through QR codes does not address allegations that marketing claims on product labels may have been misleading.
Understanding the FDA's Heavy Metal Guidance
Heavy metals in food have become a growing public health concern in recent years, particularly in products intended for infants and toddlers.
In January 2025, the FDA introduced updated recommendations under its "Closer to Zero" initiative. These recommendations establish action levels designed to reduce children's exposure to contaminants such as lead and arsenic.
Current FDA recommendations include:
- Up to 10 parts per billion (ppb) of lead in many processed foods intended for young children.
- Up to 20 ppb of lead in dry infant cereals and root-vegetable-based products.
- Up to 100 ppb of inorganic arsenic in infant rice cereal.
While these thresholds provide important safety guidance, they are not legally binding limits. Instead, they serve as benchmarks that the FDA may consider when evaluating enforcement actions or regulatory responses.
Previous Concerns About Infant Rice Cereal
Concerns regarding heavy metals in baby food are not new.
A 2021 report from a House Oversight subcommittee highlighted testing data showing elevated inorganic arsenic levels in certain infant rice cereal products. The report specifically criticized Gerber for not recalling particular products after testing reportedly identified arsenic levels above FDA action thresholds.
The report also emphasized a broader industry concern: testing only ingredients rather than finished food products may underestimate the amount of contaminants ultimately reaching consumers.
Lawmakers and consumer advocates have since encouraged stronger oversight, expanded testing requirements, and greater transparency from baby food manufacturers.
Texas Pushes for Greater Industry Accountability
The lawsuit follows a broader effort by Texas authorities to increase accountability among baby food manufacturers.
In 2025, the Texas Attorney General's Office launched investigations into multiple companies operating in the infant food industry. More recently, officials announced an agreement with Plum Organics requiring the company to strengthen heavy metal standards, withhold non-compliant batches, and continue publishing testing results for products sold in Texas.
State officials have indicated that consumer transparency and stricter safety standards remain key priorities moving forward.
What This Means for Parents
The lawsuit does not establish wrongdoing, and the allegations will need to be evaluated through the legal process. Nevertheless, the case highlights ongoing concerns surrounding heavy metal contamination in infant foods.
Parents seeking additional information can:
- Review testing information available from manufacturers.
- Monitor FDA safety updates and recalls.
- Discuss dietary concerns with pediatric healthcare providers.
- Diversify children's diets to reduce potential exposure from any single food source.
As regulators, manufacturers, and consumer groups continue to debate safety standards, the case is likely to draw significant attention from parents, healthcare professionals, and food safety advocates across the United States.
Conclusion
The Texas lawsuit against Gerber and Nestlé represents one of the most significant recent legal challenges involving baby food safety. State officials allege the companies misled consumers while internal testing showed elevated levels of arsenic, lead, and other heavy metals. Gerber strongly disputes those claims and maintains that its products comply with FDA requirements.
The outcome of the case could influence future regulations, testing protocols, and transparency standards across the baby food industry, potentially shaping how manufacturers communicate product safety to consumers for years to come.
Sources
- NTD Television, published October 14, 2026.
- U.S. Food and Drug Administration (FDA), Closer to Zero Initiative and guidance on lead and arsenic levels in foods for infants and young children.
- U.S. House Oversight Subcommittee Report on Heavy Metals in Baby Food (2021).
Disclaimer
This article is intended for informational and educational purposes only and does not constitute legal, medical, or nutritional advice. The allegations discussed are claims made in a lawsuit and have not been proven in court. Readers should consult qualified healthcare professionals regarding dietary and child health concerns and refer to official regulatory guidance for the latest safety information.