5th Cir. Revives Baby Food Heavy Metals Case Against Whole Foods

NEW ORLEANS — A federal appeals court has sent a baby food heavy metals case to Texas state court, ruling that the plaintiffs stated plausible breach of express warranty claims against non-diverse defendant Whole Foods Market Inc.

In a May 28 opinion, the 5th Circuit U.S. Court of Appeals panel found the plaintiffs adequately alleged that Whole Foods made express representations regarding the safety of Hain’s Earth’s Best Organic baby food products.

During the first two years of his life, Ethan Palmquist almost exclusively ate Hain’s Earth’s Best Organic products bought from Whole Foods. When he was about 30 months …