272 Baby Food Cases Hit Critical Daubert Phase: Expert Testimony at Risk

Critical Daubert Hearing Determines Future of Baby Food Litigation

A pivotal Daubert hearing that began December 8, 2025, will determine whether expert witnesses can testify that heavy metals in baby food cause autism, ADHD, and other developmental problems [1] in what has become one of the most significant mass tort cases of the year. The outcome of this hearing could dramatically impact the litigation involving at least 272 active cases [2] centralized in the Northern District of California under Judge Jacqueline Scott Corley [1].

Explosive Growth in Case Numbers

The Multidistrict Litigation (MDL No. 3101) has seen remarkable growth, rising from 225 cases the previous month to 272 active cases [2] as of early December 2025. This surge came just before the November 21, 2025 deadline for direct filing of cases in federal courts, after which plaintiffs must join through a multidistrict conditional transfer order. Leading law firms including Dolman Russo Law and Wisner Baum, which represents over 8,000 families, are spearheading the litigation.

Damning Internal Documents Expose Corporate Knowledge

Congressional investigations have revealed shocking internal documents showing that major baby food manufacturers knowingly sold products with dangerous heavy metal levels. A Congressional report found that some Gerber products contained over 40 parts per billion (PPB) of lead and used rice flour with more than 90 PPB of arsenic. Congressional investigations have revealed shocking internal documents showing that major baby food manufacturers knowingly sold products with dangerous heavy metal levels. A Congressional report found that some Beech Nut Nutrition Company used ingredients containing 991 ppb of arsenic and 886 ppb of lead. It's important to note that Beech-Nut has since discontinued its rice cereal line due to arsenic concerns.

Scientific Evidence Links Heavy Metals to Developmental Disorders

Multiple studies support the plaintiffs' claims that heavy metal exposure causes serious developmental issues. A study published in Nutrition Reviews found that heavy metal contamination in baby food products is more common than originally thought. Additionally, a 2016 consensus statement from epidemiologists, autism experts, and medical organizations specifically identified lead and mercury as toxic chemicals that can contribute to autism spectrum disorder.

Recent Legal Victories for Plaintiffs

Plaintiffs have scored several important wins in recent months. In November 2025, Judge Corley denied Whole Foods' request to dismiss certain bad-faith seller claims, allowing parents who bought contaminated baby food in-store to continue their legal action [3]. Earlier, on April 2, 2025, Judge Corley denied a motion to dismiss by defendant baby food manufacturers [4]. However, Campbell Soup Company was dismissed from the MDL during a hearing.

Widespread Health Impact on Children

The litigation involves infants and young children who consumed baby foods contaminated with heavy metals, with cases dating back to children who consumed contaminated products as early as 2015. The alleged health consequences are severe, including autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), learning disabilities, neurological impairments, speech and motor delays, and behavior problems.

Product Recalls and FDA Response

Multiple recalls have highlighted the severity of the contamination issue. Beech-Nut recalled Single Grain Rice Cereal on June 8, 2021, due to high levels of inorganic arsenic [5]. Target also recalled Good & Gather Baby Pea, Zucchini, Kale & Thyme Vegetable Puree in 2025 due to dangerous lead levels. The FDA launched the 'Closer to Zero' plan in 2021 to reduce heavy metal content in baby foods, but the plan has faced criticism regarding the pace and enforceability of its guidelines.

New Investigations Expand Scope

The controversy continues to widen as the Texas Attorney General's Office has opened a new investigation into Gerber and Plum Organics [6]. This development suggests that regulatory scrutiny is intensifying even as the federal litigation progresses through critical phases.

What's at Stake in the Daubert Hearing

The December 8, 2025 Daubert hearing [1] represents a make-or-break moment for the litigation. If Judge Corley excludes expert testimony linking heavy metals to developmental disorders, it could severely weaken the plaintiffs' cases and potentially lead to dismissals. Conversely, allowing the expert testimony would clear the path for bellwether trials that could help gauge the strength of plaintiffs' claims and guide potential settlement negotiations.