Toxic Baby Food MDLToxic Baby Food MDL Background In April 2024, the U.S. Judicial Panel on Multidistrict Litigation established a Toxic Baby Food MDL (multidistrict litigation) due to the common factual and legal issues raised in individual complaints. The MDL consolidated complaints filed in various U.S. District Courts into the Northern District of California, where Judge Jacqueline Scott Corley presides over the coordinated proceedings. MDL Process Both plaintiffs and defendants advocate for filing new cases directly in the MDL court to streamline the process and avoid delays associated with transferring claims among multiple courts. A proposed Master Complaint outlines common allegations, the basis for claims, and the alleged link between toxic metals in baby formula and autism or ADHD. The MDL includes lawsuits against four major baby food manufacturers: Beechnut, Gerber, Hain Products, and Nurture Products. Master Complaint and Short Form Complaints In complex product liability cases, courts often approve a Master Complaint and short form complaints. Plaintiffs can adopt relevant allegations from the Master Complaint in their individual lawsuits, simplifying the process and facilitating the court’s handling of pretrial motions. Indicative Process Judge Corley plans to set up an “indicative” process, where representative claims will be prepared for early trial dates to assess jury responses to evidence and testimony. Before this process can begin, defendants may file motions to dismiss portions of the baby food lawsuits. Discovery and Motions to Dismiss As part of the discovery process, parties will gather documents related to baby formula risks, marketing, and warnings. Defendants are expected to file motions to dismiss based on various legal arguments. The court has scheduled a hearing to consider these motions. Upcoming Trial Dates If the MDL lawsuit is not dismissed, the court will set individual claims for early trial dates. However, the first trial related to toxic baby formula is a state court case scheduled for January 21, 2025.
Given the common factual and legal questions raised in the individual complaints, the U.S. Judicial Panel on Multidistrict Litigation (JPML) established a Toxic Baby Food MDL in April 2024. It consolidated the complaints filed in the U.S. District Courts in the Northern District of California, where U.S. District Judge Jacqueline Scott Corley will preside over the coordinated discovery and pretrial proceedings.
File Toxic Baby Food Lawsuits Directly
Anticipating a rapid increase in litigation over the next year, both plaintiffs and defendants filed briefs last month supporting filing the infant formula, autism and ADHD lawsuits directly in the MDL court. They said the process would avoid the delays associated with transfer claims in multiple federal courts and would allow the court to coordinate responses to pretrial motions involving allegations that recur in the lawsuits.
On July 15, plaintiffs filed a proposed Master Complaint form (PDF), which outlines the allegations that could be asserted by individual plaintiffs. It also explains the underlying basis for the claims and how the toxic metals in baby formula caused autism and ADHD in children of families seeking financial compensation.
The baby food lawsuit, Master Complaint, names numerous products affected by the lawsuit, which are distributed by four major manufacturers:
- Beechnut
- Gerber
- Hain products
- Nurture products
In complex product liability cases, where large numbers of individuals are pursuing similar claims and allegations, it is common for the court to approve a Master and Short Form Complaint, which then allows plaintiffs to file future lawsuits on a short form, adopting relevant allegations. The process also helps the parties identify common allegations across groups of claims and facilitates the court’s determination of pretrial motions.
Baby food lawsuit previews expected
As part of the coordinated management of the litigation, Judge Corley is expected to set up an “indicative” process whereby a small group of representative claims will be prepared for early trial dates to help gauge how juries will respond to certain evidence and testimony presented in other cases.
Part of that process involves gathering documents related to baby formula, autism and ADHD risks, marketing and warnings, known as the discovery process. However, the defendants are expected to file motions to dismiss some or all portions of the baby formula lawsuits under various legal arguments before those previews can begin or even be selected.
In a scheduling order (PDF) issued last month, Judge Corley said that after the Master Baby Formula lawsuit is filed, defendants will have until Sept. 16 to file motions to dismiss the claims. Plaintiffs will then have until Oct. 28 to file responses, and manufacturers’ response briefs must be filed by Nov. 18. The court will then schedule a hearing to consider the early motions.
Unless the manufacturers can dismiss the lawsuit, the court will likely move forward with its precursor plan to setting individual claims for early trial dates. Before the first federal lawsuits are ready to go before a jury, however, the first claim expected to go to trial is a lawsuit over toxic baby formula filed in California state court, which is scheduled to begin on Jan. 21, 2025.
