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

Texas Attorney General Ken Paxton has filed a lawsuit against Gerber Products Company and Nestlé USA, Inc., accusing the manufacturers of deceiving parents regarding the presence of toxic heavy metals in Gerber baby food products. According to the legal filing, Gerber represented its products as safe, pure, rigorously tested, and recommended by medical professionals, despite internal test results revealing elevated levels of heavy metals, including arsenic, lead, and cadmium.

Test Results Allegedly Revealed High Heavy Metal Concentrations

The state's lawsuit alleges that between 2017 and 2019, Gerber used 67 batches of rice flour containing more than nine times the federal limit of arsenic allowed in bottled water, reports the Texas Attorney General's office. Social Security 2027 COLA Announced: 3.6% Benefit Boost Adds USD 75 Monthly for Retirees.

Testing also showed that Gerber's carrots contained up to 17 times the bottled-water limit for cadmium, while its sweet potatoes contained nearly 10 times the limit for lead. The filing further asserts that Gerber rarely tested for mercury and primarily tested selected raw ingredients rather than the finished food products consumed by infants. Arsenic, lead, and mercury are neurotoxins ranked by federal health agencies as the top three substances posing the most significant potential threat to human health. Health authorities note there is no established safe level of lead or inorganic arsenic for infants.

Contrast with Competitor Actions and Recalls

In 2021, an Alaska state laboratory identified two samples of Gerber rice cereal that exceeded federal arsenic limits. Although competitor Beech-Nut recalled its infant rice cereal and discontinued the line after its products tested lower on average, Gerber issued no warnings or recalls for heavy metals and continued selling its products. While Gerber has previously issued recalls for choking and plastic hazards, it has never recalled products for heavy metal contamination.

Addressing the enforcement action, Attorney General Paxton said: “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.” US: Chinese Microbiology Student Accused of Poisoning Colleague’s Tea, Arrested Fleeing to China.

Legal Claims Under the Texas Deceptive Trade Practices Act

The lawsuit, filed under the Texas Deceptive Trade Practices Act (DTPA), argues that Gerber's packaging claims remain misleading. Although Gerber now prints QR codes on its product labels linking to test results, the state contends that this measure does not resolve misleading representations on the front of packaging. "A code on the back of the jar does not cure a false promise on the front," the filing states. The legal action against Gerber and Nestlé follows a prior settlement reached by Paxton's office with Plum Organics, which legally affirmed that company's commitment to testing for dangerous heavy metals, maintaining strict limits, and publishing accessible testing results.

(The above story first appeared on LatestLY on Oct 15, 2026 10:26 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).