Robert F. Kennedy Jr., chairman and chief legal counsel for Children’s Health Defense (CHD), on July 9 announced a lawsuit against Beech-Nut Nutrition Co.
CHD claims that comprehensive test results show that the Beech-Nut Naturals line of baby foods contain residues of synthetic pesticides including glyphosate, acetamiprid and captan. The complaint, filed in Washington, D.C., asserts that Beech-Nut’s material misrepresentations and omissions violate the District of Columbia Consumer Protection Procedures Act.
The suit alleges that Beech-Nut’s “labeling and marketing of the Products deceives parents who seek to be mindful of what is contained in the baby foods they provide to their infants.
“The plaintiff, Children’s Health Defense, brings this unlawful trade practices case on behalf of itself, its members and the general public, seeking relief including an injunction to stop the deceptive marketing and sale of the Products.”
Beech-Nut is making the advertised claim that the Naturals line of baby foods are 100 percent natural, but synthetic pesticides have been found in varieties of Beech-Nut’s Naturals baby food. Therefore, they are mispresenting the nature, source, characteristics and/or ingredients of their products by labeling them as such, according to the suit.
Tests conducted by independent laboratories using liquid chromatography mass spectrometry have revealed that the varieties of Beech-Nut Naturals products purchased by CHD contain residues of multiple synthetic pesticides. These varieties include Just Apples, Apples, Cinnamon & Granola, Apple & Pumpkin and Just Mango, Apple & Avocado.
None of the pesticides are “natural” substances. Acetamiprid is a neonicotinoid synthetic insecticide. Captan is a synthetic chloroalkyl thio fungicide. Glyphosate is a synthetic biocide invented by the biotechnology corporation Monsanto.
By failing to state that its Products contain acetamiprid, captan, and/or glyphosate, when those products are represented as “100 percent natural” and/or containing “just” specific fruits and vegetables, Defendant Beech-Nut has also failed to state a material fact where such failure has a tendency to mislead. Defendant Beech-Nut has, therefore, engaged in a deceptive or unfair trade practice in violation of D.C. Code § 28-3904(f).
Children’s Health Defense is a 501c3 non-profit organization whose mission is to end chronic health conditions in children due to environmental toxin exposure, expose misinformation about their prevalence and sources and advocate for policies that help to prevent the use of such substances in products.
