Nestlé USA-owned Gerber is being sued by Texas Attorney General Ken Paxton for allegedly marketing its baby food as safe despite Gerber’s internal tests indicating the presence of heavy metals, adding to growing regulatory and legal scrutiny of contaminants in children’s products.
The lawsuit filed Oct. 9 alleges that internal testing by Gerber Products Company, identified inorganic arsenic, lead, cadmium and mercury in certain Gerber ingredients and products – with some exceeding FDA limits outline in the agency’s Closer to Zero program. Closer to Zero is part of FDA’s broader push to reduce children’s exposure to contaminants in food. Some limits on contaminants like arsenic have been set by the agency, while others are still under development.
More than 90 parts per billion (ppb) of inorganic arsenic was found in 67 batches of rice flour tested by Gerber, according to the lawsuit. FDA’s current action level for inorganic arsenic in infant rice cereal is 100 ppb.
While the arsenic levels cited in the lawsuit do not appear to exceed FDA’s threshold, Paxton references a 2021 Alaska state laboratory analysis that allegedly found two Gerber infant rice cereal samples containing inorganic arsenic above the federal limit.
The lawsuit also alleges that Gerber’s sweet potatoes contained up to 48 ppb of lead. FDA’s action level for lead in single-ingredient root vegetable baby foods, including sweet potatoes, is 20 ppb.
Gerber’s carrots allegedly contained up to 87 ppb of cadmium, according to the complaint. FDA has not finalized an action level for cadmium under its Closer to Zero initiative.
While the lawsuit does not cite specific mercury concentrations, it alleges that Gerber “rarely tested” for mercury. FDA has not established a Closer to Zero action level for mercury in baby foods.
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Gerber stands on product safety and ‘science-backed efforts’
Gerber disputes the allegations, maintaining that its products meet FDA requirements for heavy metals.
“Every Gerber product undergoes rigorous testing of more than 500 toxins and contaminants, quality checks and safety standards that meet – and often exceed – US regulatory benchmarks,” according to a Gerber spokesperson.
The company added that it continues to pursue “science-backed efforts” to minimize children’s exposure to environmental contaminants.
Both FDA and Gerber note that heavy metals occur naturally in soil, water and air, meaning trace amounts can be present in fruits, vegetables and grains. FDA’s Closer to Zero initiative is intended to reduce, but not entirely eliminate, children’s dietary exposure to these contaminants.
“While heavy metals cannot be completely eliminated from the food supply, Gerber has long been committed to reducing their presence through careful ingredient sourcing, supplier requirements, testing and quality controls,” Gerber’s spokesperson said.
Broader baby food enforcement
Prior to suing Gerber, Paxton sued Plum Organics over alleged heavy metals in baby food. According to the Texas Attorney General’s office, the settlement required Plum Organics to strengthen its testing protocols and block shipments of products that exceed FDA or European Union contaminant thresholds.
The number of cases conslidated into federal multidistrict litigation in the Northern District of California under the federal Baby Food Products Liability Litigation (MDL No. 3101) grew 465% between January 2025 and October 2026, reaching 497 pending actions, according to litigation-tracking website MDL Update. The litigation consolidates hundreds of lawsuits against Gerber, Beech-Nut, Nurture/Happy Baby, Hain Celestial (Earth’s Best), Plum Organics and other manufacturers. Plaintiffs allege that exposure to arsenic, lead, cadmium and mercury in baby food contributed to developmental disorders, including autism and ADHD.
These lawsuits arrive amid increased scrutiny of heavy metals in baby food at both the state and federal levels. States including Virginia, California and Maryland have adopted measures aimed at strengthening heavy metal testing and disclosure requirements for baby food manufacturers.
Earlier this year, FDA released results from its largest-ever infant formula testing initiative, analyzing more than 300 samples and finding generally low levels of contaminants. The agency said the testing provides a “snapshot” of products on the market that could help inform future testing and regulatory efforts. Critics, however, argue that testing alone is insufficient without additional enforceable standards.
