Sprout Foods Inc. has asked a New Jersey federal court to dismiss a class action that claims it falsely marketed as “healthy” and “organic” baby food products containing allegedly unsafe levels of toxic metals, according to a report in Law 360.
In the motion to dismiss, the company argues that such issues fall in the U.S. Food and Drug Administration’s wheelhouse and urged the court to dismiss or at least stay a proposed class action. If the court does not defer to the agency in related labeling requirements, there’s a “serious danger” that its findings will be at odds with other courts or the FDA, the company said.
More than 50 other similar lawsuits have been filed across the country against the business and other baby food makers following a release of a report from the U.S. House Committee on Oversight and Reform looking into baby food.
According to ILR’s research paper The Food Court: Developments In Litigation Targeting Food And Beverage Marketing, consumer class actions over food and beverage marketing in on the rise, increasing 52 percent in 4 years. The paper also outlines the rising trend in lawsuits targeting product flavoring or ingredients and an upsurge in “greenwashing” litigation alleging that company claims about eco-friendly practices are overstated.