April 11 (Reuters) - More than 20 lawsuits brought by
families who say their children were harmed by baby food
products made by Gerber, Beech-Nut, Campbell Soup Co ( CPB ) and several
other companies that were tainted with heavy metals will be
centralized in San Francisco federal court, a federal judicial
panel said Thursday.
The U.S. Judicial Panel on Multidistrict Litigation said the
cases will be centralized before U.S. District Judge Jacqueline
Scott Corley in the Northern District of California, where five
of the cases are already pending and similar litigation is
proceeding in state court. The panel said the multidistrict
litigation (MDL) would help move the cases more efficiently,
given their overlapping claims and defendants.
In the cases, which are currently in 11 different federal
courts, the families claim their children suffered brain
injuries and were diagnosed with autism spectrum disorder or
ADHD after they ate tainted baby food.
Lawyers for the families, which pushed for the MDL, argued
the different companies use common suppliers and laboratories to
test their foods and the lawsuits allege common practices that
led the tainted products to reach the shelves.
Pedram Esfandiary of Wisner Baum, who led the bid for the
MDL, did not immediately respond to a request for comment.
Representatives for Gerber, Beech-Nut and Campbell, which
opposed the creation of an MDL, did not respond to requests for
comment.
In a brief urging the JPML to reject centralization, the
companies pointed to two rulings in baby food injury lawsuits,
one in federal and one in state court in California, where
judges said the science didn't support the plaintiffs' claims.
The companies deny the allegations that their products are
unsafe and say the metals in question occur naturally in soil
and water.
The cases follow a 2021 report from a U.S. House of
Representatives' subcommittee that found toxic levels of heavy
metals in baby food manufactured by Gerber, Beech-Nut and
others.
That year, more than 80 lawsuits were filed over the
products, with the majority of them accusing the companies of
defrauding consumers by failing to disclose the heavy metals
present in the foods. Plaintiffs in those original lawsuits
moved to create an MDL, but the JPML rejected it, saying the
cases were against individual companies and should continue on
their separate tracks.
But in its ruling Thursday, the panel said the cases now
pending largely name multiple companies as defendants and are
all personal injury actions that will have some overlap.