Kimca v. Sprout Foods, Inc.

Kimca v. Sprout Foods, Inc.

Opinion

Civil Action

FACTUAL AND PROCEDURAL BACKGROUND

THIS MATTER is a continuation of a lawsuit filed by Irida Kimca, Derrick Sampson, Brittany Tomko, Jancy Ortiz, Dinatra Wynn, Sarah Wardale, and Jaunita Cornett (collectively "Plaintiffs"). On June 25, 2021, Plaintiffs filed a lawsuit in the U.S. District Court for the District of New Jersey alleging that Defendant Sprout Foods, Inc.'s ("Sprout") baby food products are misleadingly advertised because they allegedly contain elevated and unsafe levels of heavy metals.

On February 4, 2021, the U.S. House of Representatives' Subcommittee on Economic Consumer Policy, Committee on Oversight and Reform ( "Subcommittee") published a report ("Report") finding that numerous baby products sold in the United States, including those of Sprout, [*2]  contain heavy metals. Sprout cooperated with the investigation into its labeling. On September 29, 2021, the Subcommittee released a second report noting this cooperation.

The FDA issued a response to the Subcommittee's initial report on February 16, 2021, explaining that because the toxic elements are present in the environment and may enter the food supply through natural causes, they cannot be completely avoided in the ingredients that are the basis for baby foods. The FDA routinely monitors toxic levels in foods, and if deemed unsafe the FDA recalls it from the market.

In a March 2021, statement, the FDA explained that the levels they found are not an immediate health risk from exposure to these elements in food. The FDA advised parents not to discard baby food products because eliminating food groups from the diets of children in order to avoid certain elements may result in deficiencies in certain nutrients and potential poor health results. The FDA also cautioned that home-made baby food is unlikely to reduce potential exposure to the same toxic elements and can instead result in even higher concentrations.

On April 8, 2021, the FDA announced its "Closer to Zero" plan to take actions [*3]  to reduce exposure of toxic elements from foods eaten by babies and young children. The FDA emphasized the complexity of reducing these levels and that it is crucial to ensure that unintended consequences, such as eliminating foods with significant nutritional benefits or raising levels of one toxic element while lowering another, do not occur.

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