LPLA, Negligent Undertaking Claims Trimmed from Whole Foods, Amazon Baby Food Case

SAN FRANCISCO — A California federal judge has dismissed Louisiana Products Liability Act claims accusing Whole Foods Market Services Inc. and Amazon.com of knowingly selling contaminated baby food, ruling they are not “manufacturer-sellers” under the LPLA.

In a Dec. 3 order, Judge Jacqueline Corley of the U.S. District Court for the Northern District of California further ruled that plaintiffs have not plausibly alleged the retailers negligently undertook a duty to monitor baby food products for the presence of heavy metals.

The Watkins plaintiffs, who are Louisiana residents, allege their child suffers neurological and cognitive injuries as a result of …