Baby food makers pursue 9-year-old with autism for $600,000

 

Back in September, 2022, I wrote about the case of Noah Cantabrana, who was diagnosed with autism spectrum disorder ASD when he was two years and nine months old.

As a baby and toddler, Noah consumed high amounts of baby foods that were manufactured by the following:

Nurture, Inc. (Happy Family Organics and HappyBABY) of New York

Beech-Nut Nutrition Company of New York

Hain Celestial Group, Inc. (Earth’s Best Organic) of New York

Gerber Products Company of Michigan

Plum PBC (Plum Organics) of California

Walmart, Inc. (Parent’s Choice) of Arkansas

Sprout Foods, Inc. of New Jersey

Noah's parents initiated legal action, alleging that their son's consumption of high quantities of baby foods led to a diagnosis of ASD and ADHD.

Attorneys representing the Cantabrana family assert that young children exposed to toxic metals through baby food products face an increased risk of neurodevelopmental disorders. This heightened risk stems from the fact that the brains of infants and toddlers are still in the crucial stages of development.

Babies and toddlers are particularly vulnerable to metal exposure due to their higher food intake relative to their body weight and their increased susceptibility to metal absorption, which can be 40% to 90% greater than that of adults. Moreover, their bodies have less developed mechanisms for metabolizing and eliminating heavy metals, coupled with weaker detoxification and immune systems compared to adults.

Research indicates that even at low levels, exposure to heavy metals can result in severe and irreversible neurological damage, potentially leading to conditions such as autism and ADHD. A notable study conducted by the National Institutes of Health, which focused on twins to mitigate genetic influences, highlighted the role of early-life exposure to heavy metals like lead in influencing the risk of autism spectrum disorder.

In September 2021, a lawsuit was filed on behalf of Noah to address these concerns and seek appropriate legal recourse.

In 2022, a judge in the Los Angeles Superior Court permitted Noah's case to proceed, ruling that the opinions of the plaintiff's experts, asserting that heavy metals could be a significant factor in causing ASD and ADHD, were admissible.

Subsequently, in September 2023, another judge acknowledged that the opinions of Noah's experts, linking exposure to heavy metals to autism and ADHD, were grounded in solid scientific evidence. However, the case was dismissed due to a technicality. During a hearing, this judge rejected crucial expert witness testimony regarding the calculation of the dose of heavy metals ingested through baby food, thereby preventing Noah's case from reaching a jury.

Now, it seems that the multinational corporations associated with brands such as Beech-Nut, Hain Celestial (Earth’s Best), and Sprout Organics, as well as retailers like Walmart (Parent’s Choice), Nurture (Happy Family), and Plum Organics, will seek to compel Noah Cantabrana, a fourth-grader from Temecula, Calif., to pay over half a million dollars following the dismissal of his lawsuit against these companies.

You read it right. 

“Six of the largest baby food manufacturers in the world, who claim to focus on the health and well-being of our children, seek to make an example of a nine-year-old boy with autism for daring to sue them,” said Noah’s attorney, Pedram Esfandiary, a partner of Los Angeles-based Wisner Baum. "The companies’ sole purpose in seeking such an obscene cost is a twisted desire to punish Noah."

The defendants in Noah's case included seven of the world's leading baby food manufacturers: Walmart, Beech-Nut, Gerber, Hain Celestial ("Earth's Best"), Sprout Organics, Plum Organics, and Nurture ("Happy Family").

All of these companies, except Gerber, are pursuing legal action against Noah.

In their court brief, the companies seeking to hold Noah accountable for costs argued that their request is reasonable. They emphasized that the assessment of costs should not be influenced by the identity of the plaintiff or the defendant, contrary to the plaintiff's assertion. According to them, when a plaintiff initiates a lawsuit and does not succeed, they are legally responsible for each category of recoverable costs.

According to ABC News - Noah's attorney is urging the judge to reject the request from the baby food makers, and asserted that, Defendants—large, wealthy, multinational corporations—aim to impose $636,731.91 in litigation costs on a nine-year-old child grappling with neurodevelopmental disorders. He added, "This move by the defendants not only lacks decency but also goes against legal principles, fairness, and basic common sense."

Esfandiary is counting on public support to intervene in this matter.

“I urge everyone, contact these companies, put pressure on them to abandon this attempt to destroy a young man's life," said Esfandiary.

The ruling does not bar the advancement of future cases related to baby food.

Bob Fiddaman

Toxic Baby Food Trial Set for 2023

 

The lawsuit alleges Noah Cantabrana, after consuming high quantities of baby food products, developed autism spectrum disorder (ASD) and attention-deficit/hyperactivity disorder (ADHD)

The following companies, it is alleged, knowingly sells baby foods that contain dangerous levels of arsenic, lead, and mercury:

• Beech-Nut Nutrition Company of New York
• Gerber Products Company of Michigan
• Hain Celestial Group, Inc. (Earth’s Best Organic) of New York
• Nurture, Inc. (Happy Family Organics and HappyBABY) of New York
• Plum PBC (Plum Organics) of California
• Sprout Foods, Inc. of New Jersey
• Walmart, Inc. (Parent’s Choice) of Arkansas

Melissa Cantabrana, Noah's mother, said, "We as parents have the right to know what is in the foods we give our kids." Adding, "These companies deprived us of that right by not properly labeling their products to warn about the presence of heavy metals. It’s shameful and they need to be held accountable."

Consumer attorneys Pedram Esfandiary and R. Brent Wisner from the law firm of Baum Hedlund Aristei & Goldman, intend to show, through a series of experts in the areas of epidemiology, toxicology and neurology, the association between exposure to heavy metals and ASD/ADHD

Back in 2019, a report in which 'Healthy Babies, Bright Futures' tested 168 foods purchased from major baby food manufacturers found 95% of store-bought baby food contained lead, 73% contained arsenic, 75% contained cadmium and 32% contained mercury.

A 2021 Congressional report found that most baby food manufacturers did not test their finished products at all. Instead, they tested only individual ingredients and used those results to estimate the toxic heavy metal levels in their finished products.

Meanwhile, the U.S. Food and Drug Administration (FDA) has come under fire for not acting quick enough to reduce the levels of arsenic, lead, cadmium and mercury in baby foods. Their 'Closer to Zero action plan' aims to evaluate the scientific basis for "action levels" or standards for toxic metals in various baby foods. These proposals and finalized decisions are expected to happen through at least 2024.

The Noah Cantabrana complaint can be read, in full, here.

Here's a fascinating interview with Consumer attorney, Pedram Esfandiary, where he speaks about the manufacturers of baby food knowingly selling products with dangerously high levels of toxic heavy metals.

Bob Fiddaman

Toxic Baby Food, the Subject of Lawsuit

 

7-year-old Noah Cantabrana

The Honourable Amy D. Hogue, a California state court judge issued a ruling on May 24 in favour of the parents who allege their seven-year-old son developed severe neurodevelopmental disorders after consuming baby foods that contain dangerous amounts of heavy metals. Moreover, it was ruled that Plaintiffs experts’ opinions that heavy metals are capable of being a substantial factor in causing ASD and ADHD are admissible.

Baum Hedlund Aristei & Goldman filed the first baby food lawsuit in California and possibly the nation against several baby food companies alleging they knowingly sell products tainted with arsenic, lead, cadmium, and mercury.

Lorenzo and Melissa Cantabrana's 7-year-old son, Noah suffers from neurodevelopmental disorders after consuming substantial quantities of baby foods from the following baby food manufacturers:

It's alleged that the above knowingly sold tainted baby food to unsuspecting parents.

Noah was diagnosed with autism spectrum disorder ASD when he was a 2-year-old. He also shows signs of ADHD. 

Noah has outbursts and meltdowns that can last for hours, has social interaction and communication issues, and often has trouble sleeping through the night.

“My son is facing lifelong challenges because he ate foods that we believed were safe,” says Melissa Cantabrana. “If the labels said anything about heavy metals, I never would have fed them to Noah. Parents have a right to know what is in the foods we put on the dinner table for our kids. These companies deprived us of that right. It’s shameful and they need to be held accountable.”

Baum Hedlund attorneys, Pedram Esfandiary and R. Brent Wisner, who represent the Cantabrana's

“It is clear to us that the baby food industry does not care about the health of young children,” says attorney R. Brent Wisner. “By continuing to sell their poisonous foods to unsuspecting parents, these companies are willing to put the most vulnerable segment of our population at risk for severe neurodevelopmental disorders.”

“The industry could make this heavy metals problem go away with relative ease if they sourced better ingredients and adequately screened their products before they reached store shelves,” adds attorney Pedram Esfandiary. “The reality is these companies will not change their behavior without decisive government and legal action. We can’t just sit around and wait around for that to happen, so this litigation will have to be the tip of the spear when it comes to protecting children’s health”

Key findings from a 2021 U.S. House of Representatives Subcommittee on Economic and Consumer Policy, Committee on Oversight and Reform Report showed that several major manufacturers knowingly sell baby foods containing as much as 180 parts per billion (ppb) inorganic arsenic, 6441 ppb lead, and 10 ppb mercury. They also manufacture their products using ingredients containing as much as 913.4 ppb arsenic, 886.9 ppb lead, and 344.55 ppb cadmium. 

Being interviewed on Spotlight on America, Melissa Cantabrana said,“I was just like blown away, It made me really angry…to think that these heavy metals are in baby food. And I immediately thought we don't have autism in our family. I instantly knew this is it. This is what I'm talking about.” Cantabrana told Spotlight on America that she sought legal help from Baum Hedlund’s Pedram Esfandiary and R. Brent Wisner, attorneys with first-hand knowledge of litigating cases against large corporate defendants like Monsanto Company (see Monsanto Roundup Lawsuit)

The Honourable Amy D. Hogue's ruling now means the case can move into the discovery phase, which allows for internal documents from the defendant companies to be released to the plaintiffs.

You can read more about this case and more potential lawsuits here.

Bob Fiddaman

Baby Foods Contain "Staggering Amounts" of Toxic Heavy Metals, Lawsuit Alleges

 

Baum Hedlund Aristei & Goldman, the Los Angeles law firm who recently secured jury verdicts worth an estimated $2.424 billion against the agrochemical and agricultural biotechnology corporation, Monsanto, are now honing in on the baby food manufacturing industry after filing a complaint on behalf of Plaintiffs Melissa and Lorenzo Cantabrana, who allege their young son, Noah (pictured above), was diagnosed with autism spectrum disorder (ASD) and shows signs of attention-deficit/hyperactivity disorder (ADHD) after consuming baby foods. 

The complaint alleges several companies knowingly sold baby foods that contain “dangerously high levels of toxic heavy metals. The companies (listed below) face a possible further 800 or so lawsuits as more and more parents have come forward.

The defendant companies include:

• Nurture (Happy Family Organics and HappyBABY) 

• Beech-Nut

• Hain Celestial Group (Earth’s Best Organic)

• Gerber

• Plum Organics

• Walmart Inc. (Parent’s Choice)

• Sprout Foods

A Subcommittee on Economic and Consumer Policy Committee on Oversight and Reform U.S. House of Representatives, concluded in February 2021 that “Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury.”, the full report can be viewed here.

According to Baum Hedlund, these lawsuits will show that several baby food companies knowingly manufacture and sell products that contain "staggering amounts" of toxic heavy metals. According to experts, including epidemiologists, neuroscientists and toxicologists, claim the metals found, including arsenic, lead, cadmium, and mercury, are known to be severe neurotoxins with the propensity to cause lifelong brain damage and neurodevelopmental disorders, including ASD and ADHD in children.

“We believe these companies continue to show callous disregard for the health of vulnerable young children, all in the name of maximizing profits,” says Baum Hedlund attorney for the Cantabrana family, Pedram Esfandiary. “It’s been nearly a year since this explosive report was released. One would think that efforts would be made to protect kids from the known dangers of these toxic metals, but these companies have done next to nothing; they simply don’t care. This has to change, and we are confident the litigation will compensate our clients for their injuries and protect future generations from the harmful products the defendants pander as ‘food’.”

Noah was diagnosed with autism spectrum disorder ASD when he was two years and nine months old. And he shows signs of ADHD. .He is now seven years old.

As a baby and toddler, Noah consumed high amounts of baby foods manufactured by all of the defendants listed above.

“My son is facing lifelong challenges because he ate foods that we believed were safe,” says Melissa. Noah's mother. “If the labels said anything about heavy metals, I never would have fed them to Noah. Parents have a right to know what is in the foods we put on the dinner table for our kids. These companies deprived us of that right. It’s shameful and they need to be held accountable.”

You can read more about Noah's plight here.

Bob Fiddaman