Class Action Accusing Beech-Nut of Failing to Warn of Heavy Metals in Baby Food Dismissed

UTICA, N.Y. — A New York federal judge has dismissed a lawsuit accusing Beech-Nut Nutrition Co. of failing to disclose that its baby food contains toxic heavy metals, ruling the Food and Drug Administration has primary jurisdiction over the action.

In a Jan. 19 order, Judge David N. Hurd of the U.S. District Court for the Northern District of New York agreed with Beech-Nut that the plaintiffs’ claims depend upon “technical and policy considerations within the FDA’s field of expertise,” and that the action is not a “garden variety” false advertising case, as argued by plaintiffs.

“While the issue of …