Baby Food MDL Plaintiffs Urge Judge to Reject Whole Foods, Amazon’s Dismissal Motion

SAN FRANCISCO — Plaintiffs in a lawsuit accusing Whole Foods Market Services Inc. and Amazon.com of negligently manufacturing and selling baby food that contained toxic levels of heavy metals have opposed defendants’ motion to dismiss, arguing that they adequately pled claims for negligent undertaking.

In a Sept. 12 brief filed in the MDL in the U.S. District Court for the Northern District of California, the Louisiana-based plaintiffs contend that their negligent undertaking claim passes muster because “a retail seller can be liable to a customer for damages caused by the consumption of a product it sold under negligence theories.”