Second Circuit Reinstates SGT Class Action Over Heavy Metals in Baby Food

January 18, 2024

A federal appeals court has reinstated a case by Silver Golub & Teitell against Beech-Nut Nutrition Co. on behalf of parents who bought baby food containing unacceptably high levels of toxic metals, Law360 reported.

A Second Circuit panel found that delays by the U.S. Food and Drug Administration in setting levels for lead, arsenic, cadmium and mercury would unnecessarily delay the parents' case.

The ruling came just eight days after Silver Golub & Teitell partner Steven Bloch argued for the plaintiffs before the panel. The ruling overturned a decision by the U.S. District Court for the Northern District of New York, which had determined in January 2023 that the FDA had primary jurisdiction over the parents' case.

"On balance, we conclude that the potential costs resulting from these indefinite delays outweigh any possible benefits that could be obtained from deferring to the agency," Law360 quoted the panel as saying.

The article is available here:

Law360: 2nd Circ. Revives Suit Over Metal Levels in Baby Food