Ill. Federal Heavy Metals Baby Formula Action Survives Dismissal Motion

CHICAGO — An Illinois federal judge has allowed a lawsuit accusing Mead Johnson Nutrition Co. of failing to disclose that its baby formulas contain heavy metals, ruling that the plaintiff has adequately alleged that the company permitted the products to contain heavy metals which it knew could affect infant development.

In a Dec. 2 order, Judge Lindsay Jenkins of the U.S. District Court for the Northern District of Illinois refused to dismiss the claims for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act. However, the judge dismissed without prejudice the breach of implied warranty and fraud claims.