5th Cir. Denies En Banc Review of Whole Foods Baby Food Heavy Metals Case Ruling

NEW ORLEANS — The 5th Circuit has denied Whole Foods Market Inc.’s request for en banc review of a ruling that revived a baby food heavy metals case on the basis that the plaintiffs adequately alleged the supermarket chain made express representations regarding the safety of Hain’s Earth’s Best Organic products.

The appellate court denied the motion on Sept. 10, which sought to challenge an appellate panel’s ruling that Whole Foods and co-defendant Hain can be held liable under Section 82.003(a)(5) of the Texas Products Liability Act.

During the first two years of his life, Ethan Palmquist ate Hain’s Earth’s …