Walmart was hit with a proposed class action in AR federal court after a purchaser of the company’s baby food claims it contains high levels of toxic heavy metals, making the retail behemoth the latest company to face litigation connected to a February House Oversight Committee report.
Plaintiff Tyler Baker alleges that Walmart presented itself as a trusted option for baby food products, but failed to mention that its products contain heavy metals in quantities that are not safe for infants. Baker argues that Walmart misled consumers because it intentionally chose not to disclose the presence of toxic heavy metal levels in its baby food products.
The lawsuit references the findings of a February report from the House Oversight Committee, which revealed that heavy metals were present at dangerous levels in baby food made by seven major manufacturers.
Baker claims that consumers were harmed by purchasing the baby food products and would never have done so had they known that the products contain high levels of toxic heavy metals
Baker seeks to represent a nationwide class consisting of those who bought Walmart’s baby food products. Baker also seeks to establish a VT class and a KY class consisting of those who purchased the Walmart baby food products within their respective states.
The suit claims violation of the Vermont Consumer Protection Act, the Kentucky Consumer Protection Act, breaches of warranty and unjust enrichment. It seeks restitution, damages, attorney fees and an order barring Walmart from selling the baby food products in question until the toxic metals are removed or until the products feature heavy metal disclaimers.
The proposed class also wants an order that directs Walmart to roll out a corrective advertising campaign.
The lawsuit against Walmart follows in the footsteps of similar litigation over toxic heavy metals in baby food.