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Texas AG Sues Gerber and Nestlé Over Heavy Metals in Baby Food

Gerber Products Company and Nestlé USA, Inc.October 14, 2026Texas Attorney General

Summary

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.

Contract Impact

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.

Contract Search Terms

product safety testing requirementsingredient testing and quality assurancesubstantiation of product claimssupplier testing recordsaudit and inspection rightsproduct recall notificationindemnification for deceptive claimsconsumer-facing safety representations

Laws Cited

Texas Deceptive Trade Practices Act (DTPA)

Violation Types

Entity Details

Entity

Gerber Products Company and Nestlé USA, Inc.

Industry

Other

Official Sources

Source Evidence

Entity Name
"Gerber Products Company (“Gerber”) and Nestlé USA, Inc. (“Nestle”)"
Laws Cited
"claims under the Texas Deceptive Trade Practices Act (“DTPA”)."
Violation Description
"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."
Event Type
"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."

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