Can I File a Lawsuit Against a Baby Food Manufacturer - morgan and morgan
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Can I File a Lawsuit Against a Baby Food Manufacturer?

Can I File a Lawsuit Against a Baby Food Manufacturer?

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Can I File a Lawsuit Against a Baby Food Manufacturer?

As a parent, you rely on the people and businesses who make food for your child to operate with a standard of safety, health, and sanitation. It can be devastating to realize that your baby is sick from their food, the same food that you trusted to nourish your child. 

You may ask the question, "My baby got sick from their food, what to do?" You need to take quick action to get your child the appropriate medical attention. You may also have grounds for a defective product lawsuit against the food manufacturer. These types of claims are very serious and should always be handled by experienced and knowledgeable legal teams.

No parent should have to go through the situation of learning that their child has consumed toxic or expired food. It can be shocking and terrifying to realize this, but evaluating all possible circumstances that contributed to the baby's sickness is very important. You need to ensure that you've done everything in your power to try to hold the relevant party accountable. If you discover that a manufacturer of baby food failed to have appropriate health and safety protocols in place, fell short in their manufacturing process, or did not do appropriate quality testing, all of this could have serious ramifications for your baby. You could be eligible to recover compensation based on the negligent or reckless actions of the manufacturer.

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FAQ

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  • How Can Baby Foods Become Toxic? 

    Even though baby food manufacturers are held to very high standards, issues can still happen that lead to toxins in the food. This can often happen when items in the food, such as nutrients or individual parts of preserved baby food, are left out too long or become contaminated. If the individual parts expire or get contaminated, they can impact the entirety of the baby food. This is true even when the date on the outside of the jar indicates that the baby food is still safe to eat. 
    You might not immediately suspect that the baby food is a source of your child's sickness, but if you purchase multiple baby food items within the same lot or from the same location around the same time, you could continue to make your baby sick. It is especially important to note this if you have noticed their sickness being consistent and have ruled out all other possible issues.

    Every parent wants to do the best for their child, and no one wants to be paranoid about the foods they buy for their kids. Responding quickly and firmly when a toxic event occurs is important for not only protecting your own children but for holding these companies accountable with the hopes that no other family has to go through this scenario. 

  • When Can Food Poisoning of Babies Happen? 

    Food poisoning in babies and toddlers is unfortunately far too common, but it can be difficult to notice the signs right away. 

    If baby food is tainted, spoiled, bad, or defective, then an infant can get very sick when they consume it. Because babies are still developing, it is very important for them to eat healthy food and to avoid all possible instances of food poisoning.

    Most parents move quickly to take their child to get medical attention, and they may be very concerned to realize that their child has gotten sick directly as a result of the baby food that they ate. Infant food lawyers can help you to craft a compelling argument to hold the manufacturer accountable. 

    A claim for tainted or expired baby food can be filed based on your state's product law liability regulations. The U.S. Food and Drug Administration outlines all of the regulations associated with the distribution and sale of baby food. This requires any manufacturer of these kinds of foods to stay in compliance with 21 U.S.C. 321 of the Federal Food Drug and Cosmetic Act of the Code of Federal Regulations. If a distributor or seller of baby formula or bad baby food violates this federal code, then it is possible for parents to file a lawsuit as a result.

    It is the responsibility of the plaintiff or the parents in this case to determine who the claims should be filed against, and this is often done with the assistance of an experienced attorney. There are multiple parties who can be held accountable for dangerous baby food. It is important to keep the baby food, if you still have it, or write down any details about where the baby food was purchased, the manufacturer, and any lot numbers. This is because this information can become important evidence later on if you file a lawsuit against a baby food maker. 


    Even though you have to bring evidence showing that the manufacturer fell short in their obligations, if you can show that the baby food was dangerous through lab tests ordered by your products liability lawyer, it is much easier to make a case. In order to best protect your overall claim, you want to do these things quickly so that your evidence is as strong as possible when you file a lawsuit against a baby food manufacturer. 

    The federal code outlines a number of different kinds of regulations for manufacturers of baby food to decrease the possibility of serious injuries. You may be able to file a lawsuit against the distributor, the manufacturer, the wholesaler, or a corporation that sold or packaged the bad food. There are also very specific nutritional requirements associated with baby food and formula and you may find it easier to file a legal claim against a manufacturer or a seller if there is a recall about infant formulas or food. All infant food manufactured for sale in the United States has to be registered with the FDA and any major changes in ingredients or recipes also must be reported and approved through a written verification requirement.

  • What Can I Do if My Child Is Already Sick? 

    One possible remedy that is available to parents with a child who has suffered as a result of dangerous baby food is to file a product's liability claim. A product's liability claim can be against a distributor, manufacturer, seller, maker, or any other party who is associated with a bad baby food injury. Because these cases are notoriously complex, it is a very good idea to work directly with an attorney or a legal team who has handled cases like this before. Look for information about past case results or other class action lawsuits with which the law firm has been associated.

    A 2020 study by the United States House of Representatives investigated baby foods. The committee requested internal documents and test results for seven of the biggest baby food manufacturers across the country. Unfortunately, dangerous levels of toxic heavy metals were identified that could endanger infant neurological development as well as overall brain function, including issues such as attention deficits, IQ loss, and behavioral and learning impacts. These can have negative effects on behavior, academic outcomes, and quality of life. The study looked for cadmium, lead, arsenic, mercury, and other components that are very dangerous to have been involved in baby food.

    While there have currently been no large groups of mass tort settlements involving toxic baby food as of early 2022 causing childhood neurological injuries, litigation like this often takes years to develop. This may be your best opportunity to consult with an appropriate legal team to learn more about the options available to you and to discuss whether or not other parents may have gone through similar situations. Class action lawsuits are normally filed against manufacturers when it can be shown that multiple people have had a similar experience such as their children getting sick.

    In all of these circumstances, it is vital to have the right legal team at your side to help you to determine whether or not settlement offers presented by the other side will appropriately compensate you for the injuries sustained. The support of a lawyer can make a big difference in how you proceed through this kind of legal case and can help to relieve a lot of pressure as you go forward. Do not hesitate to contact an experienced and dedicated legal team to learn more about what is expected and required when filing a lawsuit like this. This may be your only opportunity to hold the manufacturer of dangerous baby food accountable and it is one you should take seriously by hiring the right lawyer.

  • Getting Legal Help

    You should not go through this situation on your own. If you believe that you bought dangerous baby food that made your child sick, work with a lawyer who has your best interests in mind and one who will fight for the best outcomes for you. 

    The legal team at Morgan & Morgan knows how hard it can be to think about filing a lawsuit because your children got sick. We take your case seriously from day one and advocate for your needs and concerns during a challenging time. 

    Contact us today for a free, no-obligation case evaluation to get started. 

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