2nd Circuit Reverses Order Dismissing Baby Food Heavy Metals Case, Cites Delayed FDA Timeline

NEW YORK –– The 2nd Circuit U.S. Court of Appeals has reversed a judgment dismissing a baby food heavy metals case, saying that the U.S. Food & Drug Administration has since revised its timeline on which the District Court based its dismissal order.

In the Jan. 18 order, the 2nd Circuit opined that given the FDA has abandoned the previous deadlines timelines for finalizing action levels for lead, arsenic, cadmium and mercury, the case would prolonged for “upwards of several years.”

The underlying plaintiffs filed the class action against Beech-Nut Nutrition Company, contending that the defendant sold baby food products …