Plaintiffs Appeal Dismissal of N.Y. Baby Food Heavy Metals Case

NEW YORK – Plaintiffs in a baby food heavy metals action against Beech-Nut Nutrition Co. are appealing a New York federal judge’s ruling that their claims must be dismissed because they failed to show an economic injury-in-fact and therefore lack Article III standing.

Plaintiffs are challenging a March 19 order in which Judge David N. Hurd of the U.S. District Court for the Northern District of New York found they failed to identify specific misrepresentations made by Beech-Nut that induced their purchase of the baby food, as required to allege economic harm under the benefit-of-the-bargain theory.

The notice of appeal …