Texas Attorney General Ken Paxton sued Gerber Products Company and Nestlé USA, Inc., alleging that Gerber made deceptive safety and testing claims while its baby food contained dangerous levels of toxic heavy metals. The lawsuit asserts claims under the Texas Deceptive Trade Practices Act; the release does not report a settlement, monetary penalty, or court order.
Review supplier, manufacturer, and private-label agreements for clear obligations to test ingredients and finished products for contaminants, maintain and provide test records, meet applicable safety limits, and permit audits. Check warranties and representations supporting product-safety, purity, testing, and professional-endorsement claims, including requirements that marketing claims be substantiated and reviewed before use. Update recall and incident-notification clauses to require prompt notice of test failures or hazardous substances, with cooperation on corrective action and allocation of recall costs and consumer claims. Customer-facing product terms and advertising approvals should also be checked for consistency between safety claims and available test results.
Entity
Gerber Products Company and Nestlé USA, Inc.
Industry
OtherOfficial Press Release
https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-sues-major-baby-food-companies-gerber-and-nestle-selling-baby-food
Gerber Petition
https://www.texasattorneygeneral.gov/sites/default/files/images/press/Gerber%20Petition.pdf
Texas Attorney General Enforcement Page
https://www.texasattorneygeneral.gov/consumer-protection/privacy
"Gerber Products Company (“Gerber”) and Nestlé USA, Inc. (“Nestle”)"
"claims under the Texas Deceptive Trade Practices Act (“DTPA”)."
"Gerber and Nestle engaged in false, misleading, and deceptive acts and practices by representing to Texas consumers that Gerber baby food is safe, pure, rigorously tested, and recommended by medical professionals when, in fact, the products and their ingredients contained dangerous levels of toxic heavy metals."
"Attorney General Ken Paxton sued Gerber Products Company (“Gerber”) and Nestlé USA, Inc. (“Nestle”) for deceiving Texas parents about toxic heavy metals in Gerber baby food."
$3.0M
Texas Attorney General Ken Paxton announced a settlement requiring Temu to protect Texans’ sensitive personal data from exposure to the Chinese Communist Party and to strengthen product-safety practices. Temu must pay Texas $3 million, comply with data-security requirements backed by a potential $8 million annual penalty, conduct annual independent product testing, and take specified action on products found to contain harmful substances.
$773.0M
Texas Attorney General Ken Paxton announced that a multistate coalition had secured an opioid settlement with Albertsons, which would require the grocery chain to pay more than $773 million nationally once final. Texas and its political subdivisions may receive up to $57.8 million for opioid abatement; the release does not identify privacy violations.
$1.5M
The Texas Attorney General obtained a judgment holding Rubinsky Roofing LLC liable for 27 violations of the Texas Deceptive Trade Practices Act, including deceptive practices involving older consumers and payment for unnecessary or unfinished repairs. The judgment requires more than $1.5 million in civil penalties, allocates at least $500,000 to consumer restitution, and permanently bars the company and its owner from the practices at issue.
The Texas Attorney General opened an investigation into UnitedHealth Group over allegations that its insurance-benefit administration and patient-care decisions denied Texans medically necessary healthcare. The AG issued Civil Investigative Demands to collect evidence; the release announces no penalty or remedy.
$7.5M
Texas Attorney General Ken Paxton announced a $7.5 million settlement with Tris Pharmaceuticals over alleged misrepresentations about the efficacy of Dyanavel XR, an ADHD drug marketed for children. The release says the company overstated the drug’s efficacy and directed sales representatives to make misleading claims to doctors, including Medicaid providers.
Texas Attorney General Ken Paxton announced an agreement with Plum Organics requiring stronger testing and limits for heavy metals in covered baby food products, along with publicly accessible testing results. The release does not state a monetary penalty; the agreement follows an ongoing investigation into baby food manufacturers.