Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 1 of 129
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
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`
`Plaintiffs,
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` Civil Action No.
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`Jenna Johnson, on behalf of herself
` and all others similarly situated,
`
`
`
`vs.
`
`Beech-Nut Nutrition Company,
`Campbell Soup Company (Plum Organics),
`Gerber Products Company,
`Hain Celestial Group (Earth’s Best Organics,
`Nurture, Inc. (d/b/a HappyFamily Organics),
`North Castle Partners (d/b/a Sprout Foods, Inc.),
`Walmart, Inc. (Parent’s Choice)
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`Defendants.
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`
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`CLASS ACTION COMPLAINT
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`

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`Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 2 of 129
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`TABLE OF CONTENTS
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`I. INTRODUCTION ........................................................................................................... 3
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`II. PARTIES ........................................................................................................................ 7
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`III. JURISDICTION ........................................................................................................... 26
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`IV. BABY FOOD SALES MEAN BIG BUCKS FOR DEFENDANTS ......................... 26
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`V. RAMPANT CRIMINAL ACTIVITY: THE NATION’S TOP BABY FOOD
`MANUFACTURERS ENGAGE IN WIDESPREAD FRAUD ........................................ 63
`
`VI. DEFENDANTS HAVE BEEN AWARE OF HIGH HEAVY METAL
`CONTAMINATION IN THEIR PRODUCTS BUT HAVE FAILED TO TAKE
`ACTION ............................................................................................................................... 69
`
`VII. USING BIG TOBACCO’S PLAYBOOK, DEFENDANTS RUSH TO
`CREATE THE BABY FOOD COUNCIL AND EACH USES IT AS A VESSEL FOR
`FRAUD ................................................................................................................................. 72
`
`VIII. CONGRESS DROPS A BOMBSHELL: THE REPORT ..................................... 79
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`IX. CLASS ACTION ALLEGATIONS ............................................................................ 90
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`X. CLAIMS .......................................................................................................................... 94
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`XI. DEMAND FOR JURY TRIAL ................................................................................... 127
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`XII. PRAYER FOR RELIEF ............................................................................................. 127
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`APPENDIX OF EXHIBITS ............................................................................................... 129
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`2
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`Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 3 of 129
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`
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`I.
`
`INTRODUCTION
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`1.
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`The crime of food fraud, as it is known, is widely recognized as a major problem
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`that siphons millions of dollars from unsuspecting consumers.1
`
`2.
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`In 1906, Upton Sinclair published a novel, The Jungle, to expose the horrors that
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`were occurring in the American meat-packing industry, including the sickness and death of
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`children caused by food fraud and contamination during manufacturing and processing.
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`3.
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`Unfortunately, more than a century later, food fraud remains a major problem. In
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`particular, baby food contamination during the manufacturing and production is a major issue that
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`is concealed and misrepresented to the purchasers of baby food products.
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`4.
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`America remains mired in coordinated, criminal corporate behavior that puts the
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`health and safety of America’s infants and toddlers at severe risk and defrauds their parents out
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`of money paid for premium products.
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`5.
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`The greed of executives at baby food companies has caused them to engage long-
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`running, ongoing schemes to defraud involving premium baby food. Several companies have
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`promised and reassured parents that their baby food products are pure, natural, safe, and healthy;
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`in reality, these products contain heavy metals that are not pure, unnatural, unsafe, and pose a
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`major risk to babies and infants.
`
`
`1 See, e.g., Arun Chauhan, Food Fraud—an evolving crime with profit at heart, NEW FOOD, Apr.
`23, 2020 (“Food fraud refers to the deliberate and intentional substitution, addition, tampering
`with, or misrepresentation of food, ingredients or packaging at some stage of a product’s
`distribution or production cycle. It also refers to false or misleading statements made about a food
`or drink product for economic gain.”); Gary C. Smith, What Is Food Fraud?, FOOD SAFETY NET
`SERVICES, Dec. 13, 2016 (“Food fraud is the act of purposely altering, misrepresenting,
`mislabeling, substituting or tampering with any food product at any point along the farm–to–table
`food supply–chain. Fraud can occur in the raw material, in an ingredient, in the final product or in
`the food’s packaging.”).
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`
`
`3
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`6.
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`Had parents (or guardians)2 been fully informed about the contents of what they
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`were purchasing, they would not have made these purchases of premium baby food—or would
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`have paid far less for less-than-premium contents.
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`7.
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`The food fraud has occurred in multiple stages. Executives not only devised a
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`scheme to cut corners and not make the food they produce and manufacture safe for consumption,
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`but they also engaged in additional fraudulent acts to cover-up and conceal their food fraud crimes
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`once they were exposed.
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`8.
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`The mail and wire fraud statutes have a long-established meaning: each mailing
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`and each use of the wires in furtherance of a scheme to defraud is a separate criminal act. In turn,
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`given the scope of the advertising and marketing and use of the Internet and email, each Defendant
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`has engaged in a pattern of wire and mail fraud since at least January 2019, when Defendants
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`formed and began using the Baby Food Council as a vessel for fraud.
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`9.
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`This ongoing fraud was only recently revealed. On February 4, 2021, the U.S.
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`House of Representatives Committee on Oversight and Reform dropped the explosive report,
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`“Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury”
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`(hereinafter “the Report”), exposing rampant fraud, misrepresentations, half-truths, and fraud by
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`omission committed by the nation’s seven (7) leading baby food manufacturers in selling food to
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`the most vulnerable in our population: infants and toddlers.3
`
`
`2 This Complaint uses the term “parents” at times instead of “guardians”; any purchaser of baby
`food within the scope of the class definition is a class member.
`3 Staff Report, Subcommittee on Economic and Consumer Policy of the Committee on Oversight
`and Reform, U.S. House of Representatives, Baby Foods Are Tainted with Dangerous Levels of
`(February
`4,
`2021)
`Arsenic,
`Lead,
`Cadmium,
`and
`Mercury
`https://oversight.house.gov/sites/democrats.oversight.house.gov/files/2021-02-
`04%20ECP%20Baby%20Food%20Staff%20Report.pdf (last visited February 19, 2021) See Exh.
`A.
`
`
`
`4
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`

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`10.
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`The Report highlighted the high levels of toxic heavy metals present in numerous
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`baby foods produced by Defendants, namely the four Defendants (Beech-Nut, Gerber, Hain, and
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`Nurture) who cooperated with Congress’s investigation.
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`11.
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`The three others (Campbell, Sprout Organic and Walmart) refused cooperation,4
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`suggesting their misconduct was even more nefarious (particularly because it is unusual for
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`corporations not to cooperate with federal regulators).
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`12.
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`Although no federal regulations yet exist vis-à-vis most baby foods, the FDA sets
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`the maximum allowable levels of these toxic heavy metals in water bottles safe for consumption
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`at 10 ppb inorganic arsenic, 5 ppb lead and 5 ppb cadmium.5
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`13.
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`The baby food at issue, examined in the Report, showed levels as high as 91 times
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`as much arsenic, 177 times as much lead, 69 times as much cadmium, and 5 times as much
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`mercury than that allowed in bottled water.6
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`14.
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`*represents highest levels of PPB found in single ingredients
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`4 Id. at 2.
`5 Id. at 4.
`6 Id.
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`5
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`15.
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`These levels are actually far greater because a bottle of water is measured using an
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`adult consumption standard—not that of an infant or toddler.
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`16.
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`All of these toxins are harmful to the babies and children who ingested them.
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`Exposure to these heavy metals can result in:
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`a. Permanent decreases in IQ;
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`b. Diminished future economic productivity;
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`c. Increased risk of future criminal and antisocial behavior in children;
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`d. Affected neurological development and brain function in infants;7
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`e. Other unknown and harmful effects to children.
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`17.
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`But baby food is big business and these companies feared that millions of dollars
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`of revenue might slip away if they took the precaution, time, and necessary steps to get their
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`products into safe and healthy, consumable baby food. So they cut corners, covered up their
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`scheme, and to this day have not recalled their products or stop their campaign of lies and
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`misrepresentations.
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`18.
`
`This criminal behavior among several of America’s top baby food manufacturers
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`remains ongoing and must be stopped. Fortunately, Congress passed the RICO Act in 1970 to
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`address situations precisely like this—interstate, nationwide fraud that no state can tackle on its
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`own and federal prosecutors and agencies either lack the resources or priorities to stop
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`immediately (that is not to say indictments will not follow, but indictments typically come many
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`years later—not immediately).
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`7 Id. at 2.
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`6
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`19.
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`The crime of food fraud, as it is known, is widely recognized as a major problem
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`that siphons millions of dollars from unsuspecting consumers.8
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`20.
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`This case seeks to hold them accountable where government enforcement has not.
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`They should be divested of their gains and repay the consumers they lied to and stole from.
`
`II.
`
`PARTIES
`
`21.
`
`Plaintiff Jenna Johnson is a resident of the state of Kansas and purchased baby
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`foods for her child produced by Defendants.
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`a. Plaintiff Johnson purchased products from Defendant Beech-Nut, namely Green
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`Beans, Pear & Blueberries and Banana, Orange and Pineapple.
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`b. Plaintiff Johnson purchased products from Defendant Campbell, namely Plum
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`Organics Prunes Pouches, Mango Pouches and Sweet Potato, Apple and Corn
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`Pouches. Plaintiff Johnson purchased products from Defendant Nurture, namely
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`HappyBaby Organic Pears, Green Beans, Organic Carrots, Organic Sweet Potatoes,
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`Organic Apples & Spinach, Pumpkin & Carrots, Oatmeal Baby Cereal.
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`c. Plaintiff Johnson purchased products from Defendant Earth’s Best, namely Organic
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`Peas, Organic Pears, Organic Corn & Butternut Squash and Whole Grain Oatmeal
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`Cereal. Defendant Johnson also purchased Gerber Natural Apple and Natural Pear.
`
`
`8 See, e.g., Arun Chauhan, Food Fraud—an evolving crime with profit at heart, NEW FOOD, Apr.
`23, 2020,
`(“Food fraud refers to the deliberate and intentional substitution, addition, tampering with, or
`misrepresentation of food, ingredients or packaging at some stage of a product’s distribution or
`production cycle. It also refers to false or misleading statements made about a food or drink product
`for economic gain.”); Gary C. Smith, What Is Food Fraud?, FOOD SAFETY NET SERVICES, Dec.
`13, 2016 (“Food fraud is the act of purposely altering, misrepresenting, mislabeling, substituting
`or tampering with any food product at any point along the farm–to–table food supply–chain. Fraud
`can occur in the raw material, in an ingredient, in the final product or in the food’s packaging.”).
`
`
`
`7
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`

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`Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 8 of 129
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`22.
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`Prior to purchasing these baby foods, Plaintiff Johnson saw Defendants’
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`advertisements, claims on the packaging alleging the food was nutritious, healthy and safe, and
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`she relied on these repetitions in purchasing food for her daughter. During that time, based on
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`Defendants’ omissions and the false and misleading claims, warranties, representations,
`
`advertisements and other marketing, Plaintiff was unaware that these products contained any level
`
`of heavy metals, chemicals or toxins, and would not have purchased the food if that was fully
`
`disclosed, or she would not have paid as much for the baby foods if that information was fully
`
`disclosed. Plaintiff was injured by paying a premium for the baby foods that have no or very little
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`value—or whose value was at least less than what she paid—based on the presence of the alleged
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`heavy metals, chemicals, and toxins. Plaintiff Johnson has suffered anguish and concern for her
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`daughter since it has been revealed that these products contain high levels of heavy metals.
`
`23.
`
`Plaintiff Abbey Johnston is a resident of the state of Arkansas and purchased baby
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`foods for her child produced by Defendants.
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`d. Plaintiff Johnston purchased products from Defendant Beech-Nut, namely Banana,
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`Butternut Squash, Natural Carrots, Green Beans, Sweet Potatoes, Pumpkin, Apple
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`Cinnamon Granola, Pumpkin Cinnamon, Carrots Sweet Corn Pumpkin, Pear
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`Blueberries, Green Bean Sweet Corn, and Butternut Squash Sweet Corn.
`
`e. Plaintiff Johnston purchased products from Defendant Gerber, namely Bananas,
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`Sweet Potato, Apple Strawberry Banana, Apple, Banana Blackberry Blueberry,
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`Pear, Apple Banana Pear, Butternut Squash, Banana Orange Medley, Green Beans,
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`Carrots, Apple Blueberry, Peach, Sweet Potato Turkey, Pear Cinnamon Oatmeal,
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`Pea, Pear Pineapple, Carrot Sweet Potato Pea, Sweet Potato Corn, Prunes, Pear
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`Zucchini Corn, Banana Blueberry, Sweet Potato Mango Kale, Carrot Mango Kale,
`
`
`
`8
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`

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`Chicken Noodle, Chicken Rice, Hawaiian Delight, Mac and Cheese, Pea Carrot
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`Spinach, Turkey Rice, and Vegetable Beef.
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`f.
`
` Plaintiff Johnson purchased products from Defendant Walmart, namely Berries &
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`Oats, Strawberry Banana with yogurt and Chicken Noodle.
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`24.
`
`Prior to purchasing these baby foods, Plaintiff Johnston saw Defendants’
`
`advertisements, claims on the packaging alleging the food was nutritious, healthy and safe, and
`
`she relied on these repetitions in purchasing food for her daughter. During that time, based on
`
`Defendants’ omissions and the false and misleading claims, warranties, representations,
`
`advertisements and other marketing, Plaintiff was unaware that these products contained any level
`
`of heavy metals, chemicals or toxins, and would not have purchased the food if that was fully
`
`disclosed, or she would not have paid as much for the baby foods if that information was fully
`
`disclosed. Plaintiff was injured by paying a premium for the baby foods that have no or very little
`
`value—or whose value was at least less than what she paid—based on the presence of the alleged
`
`heavy metals, chemicals, and toxins. Plaintiff Johnston has suffered anguish and concern for her
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`daughter since it has been revealed that these products contain high levels of heavy metals.
`
`25.
`
`Plaintiff Riley Bucci is a resident of the state of Kansas and purchased baby foods
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`for her children produced by Defendants.
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`g. Plaintiff Bucci purchased products from Defendant HappyBaby, namely Blueberry
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`and Purple Carrot Organic Teethers, Sweet Potato & Banana Organic Teethers,
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`Clearly Crafted Pears Baby Food, Banana Blueberry & Beets Baby Food, Clearly
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`Crafted Green Beans Baby Meals, Clearly Crafted Apples Quinoa & Beets Baby
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`Food, Clearly Crafted Bananas Raspberries & Oats Baby Food Pouch, Clearly
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`Crafted Apples Blueberries & Oats Baby Meals. Plaintiff Bucci purchased products
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`
`
`9
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`

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`Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 10 of 129
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`from Defendant Beech-Nut, namely Naturals Apple Pumpkin & Cinnamon Baby
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`Food, Naturals Carrots Baby Food, Organics Banana Cinnamon & Granola Baby
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`Food.
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`h. Plaintiff Bucci purchased products from Defendant Plum Organics, namely Apple
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`& Broccoli Baby Food Pouches, Mighty Protein & Fiber Banana White Bean
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`Strawberry & Chia Baby Food Pouch, Stage 2 Organic Baby Food Fruit and Veggie
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`Variety Pack, 4 oz. pouches. Plaintiff Bucci purchased products from Defendant
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`Gerber, namely Organic Single Grain Rice Baby Cereal.
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`i. Plaintiff Bucci purchased products from Defendant Earth’s Best, namely Organic
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`Banana Raspberry & Brown Rice Baby Food Pouch.
`
`26.
`
`Prior to purchasing these baby foods for her son and daughter, Plaintiff Bucci saw
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`Defendants’ advertisements, claims on the packaging alleging the food was nutritious, healthy
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`and safe, and she relied on these repetitions in purchasing food for her daughters. During that
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`time, based on Defendants’ omissions and the false and misleading claims, warranties,
`
`representations, advertisements and other marketing, Plaintiff was unaware that these products
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`contained any level of heavy metals, chemicals, or toxins, and would not have purchased the food
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`if that were fully disclosed, or she would not have paid as much for the baby foods if that
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`information was fully disclosed. Plaintiff was injured by paying a premium for the baby foods
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`that have no or very little value—or whose value was at least less than what she paid—based on
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`the presence of the alleged heavy metals, chemicals, and toxins. Plaintiff Bucci has suffered
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`anguish and concern for her children since it has been revealed that these products contain high
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`levels of heavy metals.
`
`
`
`10
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`27.
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`Plaintiff Kelsey Gross is a resident of the state of Kansas and purchased baby foods
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`for her daughter produced by Defendants.
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`a. Plaintiff Gross purchased products from Defendant Campbell (Plum Organics),
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`namely Apple, Plum, Berry, and Barley Pouch; Pear, Cherry, Blackberry,
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`Strawberry, Black Bean, Spinach, and Oat Pouch; Pear, Purple Carrot, and
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`Blueberry Pouch; Pear, Spinach, and Pea Pouch; Guava, Pear, and Pumpkin Pouch;
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`Mango, Carrot, and Coconut Cream Pouch; Apple, Butternut Squash, and Granola
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`Pouch; Peach, Pumpkin, Carrot, and Cinnamon Pouch; Apple, Blackberry, Purple,
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`Carrot, Greek Yogurt, and Oat Pouch; Butternut Squash, Carrot, and Chickpea
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`Pouch; Apple, Cauliflower, and Leek Pouch; Banana, White Bean, Strawberry, and
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`Chia Protein and Fiber Pouch; Mango, Pineapple, White Bean, Butternut Squash,
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`and Oat Pouch; Banana, Kiwi, Spinach, Greek Yogurt, and Barley Pouch; Banana,
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`Blueberry, Sweet Potato, Carrot, Greek Yogurt, and Millet Pouch; Apple and Carrot
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`Pouch; Apple and Broccoli Pouch; Pear, White Bean, Blueberry, Date, and Chia
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`Pouch; Apple, Spinach, and Avocado Pouch; Carrot, Sweet Potato, Corn, Pea, and
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`Chicken with Quinoa and Leek Pouch; Just Sweet Potato Pouch; Pear and Mango
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`Pouch; Carrot, Chickpea, Pea, Beef, and Tomato with Celery, Date, and Onion
`
`Pouch; Apple, Raspberry, Spinach, and Greek Yogurt Pouch; Sweet Potato,
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`Banana, Passionfruit, Yogurt Pouch; Carrot, Spinach, Turkey, Corn, Apple and
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`Potato Pouch; Strawberry, Banana, Greek Yogurt, Kale, Amaranth, and Oat Pouch;
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`Apple, Plum, Berry, and Barley Pouch; Banana and Pumpkin Pouch; Mango, Sweet
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`Potato, Apple, and Millet Pouch; Banana, Zucchini, and Amaranth Pouch; Peach,
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`11
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`Banana, and Apricot Pouch; Mighty Morning Apple Cinnamon Bar; and Mighty
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`Snack Bars – Blueberry.
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`b. Plaintiff Gross purchased products from Defendant Hain (Earth’s Best Organics),
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`namely Organic Sesame Street Peanut Butter Puffs; Banana, Raspberry, and Brown
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`Rice Baby Pouch; and Whole Grain Oatmeal Cereal.
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`c. Plaintiff Gross purchased products from Defendant Gerber, namely Fruit and
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`Veggie Melts Very Berry Blend Freeze-Dried Snack; Fruit and Veggie Melts Truly
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`Tropical Blend Freeze-Dried Snack; Yogurt Melts - Mixed Berry; Yogurt Melts –
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`Strawberry; Puffs - Sweet Potato Cereal Baby Snack; Puffs – Blueberry; Puffs –
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`Peach; Puffs – Banana; Probiotic Oatmeal Peach Apple; Oatmeal Single Grain
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`Cereal; Lil’ Crunchies Mild Cheddar Baked Corn Snacks; Lil’ Crunchies Apple
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`Sweet Potato Baked Corn Snacks; Lil’ Crunchies Garden Tomato Baked Corn
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`Snacks; Organic Pear and Spinach Pouch; Organic Apple, Blueberry, Spinach
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`Pouch; Prunes with Apples Puree; and Prunes Puree.
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`d. Plaintiff Gross purchased products from Defendant Nurture Inc. (HappyBaby),
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`namely Love My Veggie Straws - Cheddar and Spinach; Blueberry and Purple
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`Carrot Teethers; Sweet Potato and Banana Teethers; Yogis - Banana and Mango
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`Freeze-Dried Yogurt and Fruit Snacks; Yogis - Strawberry Freeze-Dried Yogurt
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`and Fruit Snacks; Yogis - Mixed Berry Freeze-Dried Yogurt and Fruit Snacks;
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`Organic Creamies Freeze-Dried Veggie and Fruit snack with Coconut Milk -
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`Strawberry, Raspberry, and Carrot; Oats and Quinoa Ancient Grains Baby Cereal;
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`Purple Carrot and Blueberry Superfood Puffs; Apple and Broccoli Superfood Puffs;
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`Banana and Pumpkin Superfood Puffs; Kale and Spinach Superfood Puffs;
`
`
`
`12
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`Strawberry and Beet Superfood Puffs; Sweet Potato and Carrot Superfood Puffs;
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`Spinach, Apples, Sweet Potatoes, and Kiwi Pouch; Apples, Kale, and Avocados
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`Pouch; Apples, Butternut Squash, and Super Chia Pouch; Banana, Peaches, Mango,
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`and Super Chia pouch; Bananas, Raspberries, and Oats Pouch; Green Beans, Pears,
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`Peas, and Super Chia Pouch; Carrots, Bananas, Mango, and Sweet Potatoes Pouch;
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`Apples, Pumpkin, and Carrots Pouch; Apples, Sweet Potato, Carrots, Cinnamon
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`and Super Chia Pouch; Pears, Mangos, Spinach, and Super Chia Pouch; Pears,
`
`Blueberries, Beets, and Super Chia Pouch; Pears, Blueberries, and Spinach Pouch;
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`Pears, Kale, and Spinach Pouch; Pears, Mango, and Spinach Pouch; Pears, Kiwi,
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`and Kale Pouch; Pears, Peaches, Pumpkin, Apples, and Cinnamon Pouch; Pears,
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`Raspberries, Carrots, and Butternut Squash Pouch; Fiber and Protein Organic Soft
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`Baked Oat Bars - Bananas and Carrots; Fiber and Protein Organic Soft Baked Oat
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`Bars - Apples and Spinach; Love My Veggies Chickpea Straws with Sweet Potato
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`and Rosemary; and Love My Veggies Chickpea Straws with Cheddar and Spinach.
`
`e. Plaintiff Gross purchased products from Defendant Sprout Organic, namely Root
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`Vegetables, Apple with Beef Pouch; Creamy Vegetables with Chicken Pouch;
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`Garden Vegetables, Brown Rice with Turkey pouch; and Apple, Oatmeal, Raisin
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`with Cinnamon Pouch.
`
`28.
`
`Prior
`
`to purchasing
`
`these baby foods, Plaintiff Gross saw Defendants’
`
`advertisements, claims on the packaging alleging the food was nutritious, healthy and safe, and
`
`she relied on these repetitions in purchasing food for her daughter. During that time, based on
`
`Defendants’ omissions and the false and misleading claims, warranties, representations,
`
`advertisements and other marketing, Plaintiff was unaware that these products contained any level
`
`
`
`13
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`Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 14 of 129
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`of heavy metals, chemicals or toxins, and would not have purchased the food if that was fully
`
`disclosed, or she would not have paid as much for the baby foods if that information was fully
`
`disclosed. Plaintiff was injured by paying a premium for the baby foods that have no or very little
`
`value—or whose value was at least less than what she paid—based on the presence of the alleged
`
`heavy metals, chemicals, and toxins. Plaintiff Gross has suffered anguish and concern for her
`
`daughter since it has been revealed that these products contain high levels of heavy metals.
`
`29.
`
`Plaintiff Stevie McCartin is a resident of Washington D.C. and purchased baby
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`foods for her children produced by Defendants.
`
`a. Plaintiff McCartin purchased products from Defendant Plum Organics, namely
`
`Sweet Potato; Pear Purple Carrot and Blueberry; and Peas, Spinach, and Peas
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`Pouches.
`
`b. Plaintiff McCartin purchased products from Defendant Gerber, namely Banana
`
`Pouches.
`
`c. Plaintiff McCartin purchased products from Defendant HappyBaby, namely
`
`Pumpkin and Banana Pouches.
`
`d. Plaintiff McCartin purchased products from Defendant Beech Nut, namely Apple
`
`and Banana, Oat and Cinnamon Pouches.
`
`30.
`
`Prior to purchasing these baby foods, Plaintiff McCartin saw Defendants’
`
`advertisements, claims on the packaging alleging the food was nutritious, healthy and safe, and
`
`she relied on these repetitions in purchasing food for her sons. During that time, based on
`
`Defendants’ omissions and the false and misleading claims, warranties, representations,
`
`advertisements and other marketing, Plaintiff was unaware that these products contained any level
`
`of heavy metals, chemicals or toxins, and would not have purchased the food if that was fully
`
`
`
`14
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`Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 15 of 129
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`disclosed, or she would not have paid as much for the baby foods if that information was fully
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`disclosed. Plaintiff was injured by paying a premium for the baby foods that have no or very little
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`value—or whose value was at least less than what she paid—based on the presence of the alleged
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`heavy metals, chemicals, and toxins. Plaintiff McCartin has suffered anguish and concern for her
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`sons since it has been revealed that these products contain high levels of heavy metals.
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`31.
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`Plaintiff Elaine Lake is a resident of Kansas and purchased baby foods for her
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`children produced by Defendants.
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`j. Plaintiff Lake purchased products from Defendant Plum Organics, namely Prunes,
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`Peaches, Sweet potatoes, Strawberry, Banana granola, Peach banana apricot.
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`k. Plaintiff Lake purchased products from Defendant Gerber, namely rice cereal,
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`sweet potatoes, banana, peas, green beans, strawberry kiwi puffs, apple, butternut
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`squash and puffs.
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`l. Plaintiff Lake purchased products from Defendant Nurture, namely teethers, puffs
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`and apple blueberry oats.
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`m. Plaintiff McCartin purchased products from Defendant Hain, namely Earth’s Best:
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`Sweet potatoes, Oatmeal cereal, Banana blueberry and Carrots.
`
`32.
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`Prior
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`to purchasing
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`these baby foods, Plaintiff Lake saw Defendants’
`
`advertisements, claims on the packaging alleging the food was nutritious, healthy and safe, and
`
`she relied on these repetitions in purchasing food for her children. During that time, based on
`
`Defendants’ omissions and the false and misleading claims, warranties, representations,
`
`advertisements and other marketing, Plaintiff was unaware that these products contained any level
`
`of heavy metals, chemicals or toxins, and would not have purchased the food if that was fully
`
`disclosed, or she would not have paid as much for the baby foods if that information was fully
`
`
`
`15
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`Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 16 of 129
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`disclosed. Plaintiff was injured by paying a premium for the baby foods that have no or very little
`
`value—or whose value was at least less than what she paid—based on the presence of the alleged
`
`heavy metals, chemicals, and toxins. Plaintiff Lake has suffered anguish and concern for her son
`
`and daughter since it has been revealed that these products contain high levels of heavy metals.
`
`33.
`
`Plaintiff Courtney Nemmers is a resident of the state of Kansas and purchased baby
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`foods for her children produced by Defendants.
`
`n. Plaintiff Nemmers purchased products from Defendant Beech-Nut, namely Sweet
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`Potatoes, Pears, Apple Kiwi Spinach, Apple Raspberry Avocado, Sweet Corn &
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`Green Beans, Apple & Blackberry, Carrot, Green beans, Apple, Banana, Mango,
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`Pear Kale Cucumber, and Banana Cinnamon & Granola.
`
`o. Plaintiff Nemmers purchased products from Defendant Campbell, namely Plum
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`Organics Pear Purple Carrot & Blueberry, Carrot Sweet Potato Corn Pea, Apple
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`Carrot Pouches, Pear Mango Pouches, Pear Spinach Pea, Peach banana Apricot,
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`Apple Broccoli, Carrot Sweet Potato Corn Pea Chicken, Apple Spinach Avocado,
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`JUST Sweet Potato, JUST Prunes, JUST mangos, Mighty Morning Banana
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`Blueberry Oat Quinoa, Super Smoothie Pear Sweet Potato Spinach Blueberry Bean
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`& Oat, Mighty Snack Bars Strawberry, Mighty Snack Bars Blueberry, Sammy
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`Jammy’s Peanut butter & Strawberry, and Sammy Jammy’s Blueberry & Oatmeal.
`
`Plaintiff Nemmers purchased products from Defendant Nurture, namely
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`HappyBaby Clearly Crafted Apples, Blueberry & Oats, Strawberry & Beet
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`Superfood BabyPuffs, Organic Creamies of all flavors, Organic Yogis of all
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`flavors, and Happy Baby Teethers of all flavors, and nearly all flavors of the
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`SuperFood BabyPuffs.
`
`
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`Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 17 of 129
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`p. Plaintiff Nemmers purchased products from Defendant Hain, Namely Earth’s Best
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`Organic Apple Peach Oatmeal, Blueberry Banana Flax & Oat, Banana Raspberry
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`& Brown rice, Butternut Squash Pear, Banana, Pasta with Tomato & White Bean,
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`Sweet Potato & Apple, Apple Raisin Flax & Oat, Apple Strawberry, Organic Sunny
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`Day Snack Bars, and Strawberry Peach Pear Wholesome Breakfast. Plaintiff
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`Nemmers purchased products from Defendant Gerber, namely Single Grain
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`Oatmeal, Banana Baby Meal, Sweet Potato, Crawler Yogurt Blend, Banana, Pear,
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`Carrot Sweet Potato Pea, Fruit & Veggie Melts, Yogurt Melts, and every flavor of
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`Puffs.
`
`34.
`
`Prior to purchasing these baby foods, Plaintiff Nemmers saw Defendants’
`
`advertisements, claims on the packaging alleging the food was nutritious, healthy and safe, and
`
`she relied on these repetitions in purchasing food for her son and daughter. During that time, based
`
`on Defendants’ omissions and the false and misleading claims, warranties, representations,
`
`advertisements and other marketing, Plaintiff was unaware that these products contained any level
`
`of heavy metals, chemicals or toxins, and would not have purchased the food if that was fully
`
`disclosed, or she would not have paid as much for the baby foods if that information was fully
`
`disclosed. Plaintiff was injured by paying a premium for the baby foods that have no or very little
`
`value—or whose value was at least less than what she paid—based on the presence of the alleged
`
`heavy metals, chemicals, and toxins. Plaintiff Nemmers has suffered anguish and concern for her
`
`son and daughter since it has been revealed that these products contain high levels of heavy metals.
`
`35.
`
`Plaintiff Tracy Tankard is a resident of the state of Kansas and purchased baby
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`foods for her children produced by Defendants.
`
`
`
`17
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`Case 2:21-cv-02096 Document 1 Filed 02/19/21 Page 18 of 129
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`q. Plaintiff Tankard purchased products from Defendant Gerber, namely Puffs Banana
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`Cereal Baby Snacks and Fruit & Veggie Melts Very Berry Blend Freeze-Dried
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`Snacks.
`
`r. Plaintiff Tankard purchased products from Defendant Nuture, Inc.’s Happy Family
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`Organics, namely HappyBaby Organic Yogis Strawberry Banana Freeze Dried
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`Greek Yogurt & Fruit Baby Snacks.
`
`36.
`
`Prior to purchasing these baby foods, Plaintiff Tankard saw Defendants’
`
`advertisements, claims on the packaging alleging the food was nutritious, healthy and safe, and
`
`she relied on these repetitions in purchasing food for her sons. During that time, based on
`
`Defendants’ omissions and the false and misleading claims, warranties, representations,
`
`advertisements and other marketing, Plaintiff was unaware that these products contained any level
`
`of heavy metals, chemicals or toxins, and would not have purchased the food if that was fully
`
`disclosed, or she would not have paid as much for the baby foods if that information was fully
`
`disclosed. Plaintiff was injured by paying a premium for the baby foods that have no or very little
`
`value—or whose value was at least less than what she paid—based on the presence of the alleged
`
`heavy metals, chemicals, and toxins. Plaintiff Tankard has suffered anguish and concern for her
`
`sons since it has been revealed that these products contain high levels of heavy metals.
`
`37.
`
`Plaintiff Mallory VanDyke is a resident of the state of Kansas and purchased baby
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`foods for her children produced by Defendants.
`
`a. Plaintiff VanDyke purchased products from Defendant Hain, namely Earth’s Best
`
`Organic fruits and vegetables.
`
`b. Plaintiff VanDyke purchased products from Defendant Campbell, namely Plum
`
`Organics Banana Blueberry Oat & Quinoa Fruit Pouches, Pear Sweet Potato
`
`
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`18
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`Case 2:21-cv-02096 Document 1