Does gerber use gmo in baby food
Gerber Lawsuit Filed Over False "Non-GMO" Claims Involving Baby Food, Infant Formula and Drinks
According to allegations raised in a recently filed class action lawsuit against Gerber, the company’s infant formula, baby food and drinks have been falsely advertised as free of genetically modified organisms (GMOs), when in fact the products contain high concentrations of corn, soy and other GMOs that can be harmful to a child’s development.
The complaint (PDF) was filed by Norman Faith in the United States District Court Northern District of California on December 22, seeking class action status to pursue damages on behalf of consumers nationwide who paid a premium for Gerber baby foods based on false non-GMO advertising claims.
Genetically modified foods are those whose genetic material has been altered in a way that does not occur naturally. Examples of GMOs typically include crops such as corn, soybeans and potatoes which have been modified to resist potentially harmful herbicides side effects.
According to allegations raised in the Gerber lawsuit, several brands of infant and baby food products are deceptively marketed as free from containing GMOs. However, the complaint indicates the baby food products “are in fact loaded with ingredients derived from GM-crops such as corn and soy, and many of Defendant’s Products also contain protein and/or dairy sources derived from cows raised on GMO feed”.
Specifically, Faith claims Gerber has falsely marketed all Gerber-branded food or drink products purporting to be “NON GMO” and “GMO Free” on the labeling, including Gerber Good Start Soy 2 Powder Infant & Toddler Formula, Gerber Good Start Soy Infant Formula, Gerber Oatmeal & Barley Toddler Cereals and dozens of other infant formula, baby cereals, drinks, and food.
The class action lawsuit further alleges the Gerber products not only contain GMOs, but also contain numerous artificial ingredients genetically engineered in a laboratory setting using biotechnologies, making Gerber’s claims of “Non-GMO” of product labeling highly deceptive and outright false.
Faith argues that consumers seek to purchase products free of GMOs due to their benefits of being natural, healthier, and more wholesome and to avoid exposing infants and young children to GMO side effects, pesticides and toxins as well as for environmental benefits from naturally grown food.
Faith further states consumers paid a premium for products free of GMOs, and would have chosen a different product or paid significantly less if they had known the products contained GMO derived foods. Gerber is alleged to be taking advantage of a growing consumer market by using false and misleading claims that are outright false, according to the complaint.
The lawsuit seeks compensatory, statutory, and punitive damages for all class members, raising allegations of unjust enrichment, fraud, among multiple other consumer rights violations.
Toxic Baby Food Lawsuits
The case comes as Gerber faces a growing number of baby food lawsuits filed since it was discovered that products contain toxic metals, such as arsenic, lead, mercury and cadmium, which may expose children to long-term complications, including autism and severe ADHD.
Learn More About
Baby Food Lawsuits
Toxic baby food sold by Gerber, Beech-Nut and other manufacturers contain dangerous levels of heavy metals, which may be the cause of autism and severe ADHD for children.
Learn More About this LawsuitSee if you Qualify for a Settlement
The toxic baby food litigation emerged after a House Oversight Committee report was released in February 2021, which highlighted internal documents and testing data for baby food products manufactured by Gerber (d/b/a Nestlé Nutrition), Beech-Nut Nutrition, Plum and others.
The U.S. Congressional report found that some baby foods contain high levels of toxic metals, with more than 91 times the maximum level of arsenic allowed in bottled water; 177 times the allowable levels of lead, 69 times the limits on cadmium, and five times the levels of allowable mercury.
In March, an Arizona mother of three minor children, Valencia Gibson, filed a baby food autism lawsuit against Gerber Products Company; Nurture, Inc.
; Beech-Nut Nutrition Company; Plum, PBC; Hain Celestial group, Inc., and Sprout Foods Inc, saying that high levels of toxic metals recently found in their products caused her three children to each develop autism.
In September, two mothers from Virginia filed a Gerber baby food class actions lawsuit, alleging the heavy metals in baby foods placed children at risk in order to maximize profits, and indicates that if parents had known about the presence of heavy metals in the baby food, they would not have purchased the products, or would have paid far less than the premium prices at which they were sold.
Heavy metal exposure to infants is a serious concern. Lead exposure at any level is extremely unsafe for children. Prior studies have linked heavy metal exposure to behavioral impairments, brain damage, damage to the nervous system, seizures, growth impairments, and even death.
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90,000 Transgenics in baby food? Nestle disputes the results of testing of its products in courtMarina Katys: In June 2004, the Genetic Safety Association published the results of independent tests conducted by the Biocom laboratory. Genetically modified organisms have been found in Nestle, Kolinska, Semper, Friesland Nutrition, Gerber, Valio and Nutricia baby food.
In response to the publication of the results of the analyzes, these companies (except Valio and Nutricia) stated at a joint press conference in Moscow that their products do not contain GMOs and that this is confirmed by the results of the research.
The conflict erupted due to the fact that, according to representatives of the Genetic Safety Association, the products of a number of manufacturers of baby food "turned out to be genetically modified and did not contain labels." Among the samples examined, baby food from Nestle, Kolinska, Semper, Friesland Nutrition, Gerber was mentioned as "containing 50 to 100 percent GMOs."
Nestle, the only one of the listed companies, expressed a desire to protect its business reputation and applied to the Moscow Arbitration Court.
Let's hear both sides.
President of the National Association for Genetic Safety Alexander Baranov.
Alexander Baranov: The court came to the conclusion that our data are reliable, the analysis presented by the opposite party (that is, the plaintiff) does not convince us that our data are erroneous and false.
When we received these results, we sent all this data to those companies in which we found all this, of course. And only after that we organized a press conference and published these data there.
Marina Katys: Now let's speak to Marina Zibareva, Media Relations Specialist of the External Corporate Affairs Department of Nestlé Food LLC.
Marina Zibareva: We have all the evidence, including the results of studies by three accredited laboratories (two Russian and one foreign), confirming the absence of GMOs in our products. The association's accusations against our company (as well as others) are based on a scientific report from an unknown and non-accredited laboratory. According to the decision of the Chief State Sanitary Doctor, such a laboratory does not have officially recognized competence to perform this kind of research.
Moreover, at the last court session, we filed a petition for a forensic examination of samples of our baby food at the Institute of Nutrition.
But the association protested against such an examination, explaining that, in their opinion, this could delay the process. In our opinion, this seems a little strange, since it contradicts the goals of this Association (which are stated in its charter).
As a result, the court denied our request.
We would like to emphasize once again that we are ready to conduct research of our baby food in independent laboratories and thereby confirm the absence of GMOs in baby food produced by Nestlé. Because all products that have been declared by the Association as GMO-containing are produced in Europe and meet all European standards and requirements. And in accordance with European legislation, our products do not require any labeling, because, in accordance with the preferences of consumers in Europe, we do not use modified ingredients.
Marina Katys: However, Alexander Baranov does not agree with this approach of Nestlé.
Alexander Baranov: The company flooded the court with evidence that everything is fine with them, that it carried out tests at the Institute of Nutrition, that it carried out tests at the regional Sanitary and Epidemiological Service, that it carried out tests at the German laboratory Gene Scan, which did not show the content of GMOs in baby food. But they, referring to the international experience of this kind of research and testing, completely forgot that even in the German Gene Scan laboratory, there is such a clause that says: "These results refer only to the sample from the jar that was analyzed ". And the discrepancy between the serial numbers and the date of manufacture of the samples suggests that these data cannot match.
The company could not get the series that we checked. And we took the series (the purchase was made) in the Central "Children's World" in Moscow.
Marina Katys: However, the Nestlé company also expresses some bewilderment about the position taken by representatives of the Genetic Safety Association.
Marina Zibareva: One of the arguments of the association, which was heard in court, was the statement that our company Nestle Food LLC has no legal grounds to file a lawsuit, the subject of which is products manufactured outside of Russia. Despite the fact that earlier the Association has repeatedly sent requests to our company Nestlé Food LLC to stop selling these products. But at the meeting itself, representatives of this Association stated that it was a mistake on their part to send such letters to us.
We, for our part, believe that we have all legal rights to import and sell Nestlé baby food. And we insist that Nestle Food LLC has the moral and legal right to protect its products.
Marina Katys: On November 1 of this year, the Moscow Arbitration Court dismissed the lawsuit filed by Nestle Food LLC against the National Genetic Safety Association for the protection of business reputation.
Marina Zibareva, Specialist in Mass Media Relations of the Department of External Corporate Affairs of Nestlé Food LLC, continues.
Marina Zibareva: One of the arguments of the judge was an indication that our company Nestle Food LLC, in the opinion of the judge, is not directly related to the products referred to in the lawsuit. We absolutely do not agree with this, since the buyer will be able to see all our data on any packaging of Nestlé baby food products. This once again suggests that these are our products and, of course, only we have the right to protect them.
Marina Katys: But, on the other hand, the court apparently assumed that the claim should be addressed to the head office of Nestlé in Switzerland.
Marina Zibareva: You see, they didn't say that themselves, it was said in court by the Association itself that "we didn't mean Nestle Food LLC, but Nestle in Switzerland.
"
Marina Katys: There is another aspect to this story: according to Victoria Kolesnikova, head of the Biosafety campaign of the International Socio-Ecological Union, one of the goals of the Nestlé lawsuit was to prevent the dissemination of information.
Viktoria Kolesnikova: In the summer, when there was a preliminary court hearing, the lawyers suggested that the web administrator of the Genetic Safety.ru website, that is, the website of the Genetic Safety Association, be held liable. As a result, on the same day the site was sold (that is, the site had information that it was for sale). Under pressure, apparently. Because Nestlé's lawyers said that they called up the company that runs the technical server, that is, there were attempts to attract precisely those who are somehow connected with information, with the dissemination - whether technically or in content - precisely of information about the activities of Nestlé ".
Although this, in my opinion, is absolutely meaningless.
Marina Katys: But let's listen to the opinion of a representative of the Nestle company. The word - Marina Zibareva.
Marina Zibareva: We do not know why this site stopped working, but we are sure that this has nothing to do with any of our actions. Unfortunately, we cannot say anything more concrete.
Marina Katys: But did you plan to file a lawsuit against the owner of the site in connection with the placement of false information?
Marina Zibareva: Yes, initially we filed an attorney's request to identify the owner of the site. And we found out that at that moment this site had already ceased to exist. That is, thus, filing our claim against the owner of this site became inappropriate.
Marina Katys: According to the Genetic Safety Association, this lawsuit aroused great interest among public organizations in Finland, Slovenia and Germany. My next interlocutor is Victoria Kolesnikova, head of the International Socio-Ecological Union's "For Biosafety" campaign.
Those products that were tested were purchased, as far as I know, in Moscow, in Detsky Mir.
Victoria Kolesnikova: Yes.
Marina Katys: But where were they produced?
Viktoria Kolesnikova: Part - in Finland, part - in Slovenia, part - in Poland. I'm not talking about Nestle, but about all brands at once.
Marina Katys: Is Nestlé a Finnish line?
Victoria Kolesnikova: Including.
Marina Katys: But those countries that have baby food production, after all, receive products directly from factories. That is, part of the products is transported to Russia, and part is sold locally.
Victoria Kolesnikova: Yes.
Marina Katys: Are they interested in the results of your research?
Viktoria Kolesnikova: I'm talking about Finland. They were very interested in the results of our research for the very reason that they were sure that there was no soy, even in lecithin.
Marina Katys: What about Poland and Slovenia?
Victoria Kolesnikova: From Poland we received letters simply with sympathy and all sorts of congratulations addressed to us.
And Slovenia was also interested, because Kolinska is a brand that is produced in Slovenia, they were also sure that nothing was added there, and they would also find out. And they asked us to report the results of the trial.
Marina Katys: Alexander Baranov, President of the Genetic Safety Association, is convinced of the authenticity of the research conducted by the Biokom laboratory.
Alexander Baranov: I understand that Nestlé says that "we don't have transgenic components, so we won't label anything." But, nevertheless, if transgenic components are found in different countries, it means that the company cannot control this situation, I admit it. Therefore, on their part, checks should be more frequent, and if they find it, these products should be removed from the distribution network or labeled.
Marina Katys: You said that Nestle cannot control the presence or absence of genetically modified organisms in their food products.
Do you mean that genetically modified organisms get into Nestlé products without the company's knowledge, that is, is this the specifics of the supply of primary products for processing?
Alexander Baranov: Now the situation, for example, with transgenic soybeans has already gone out of human control. Even under the most stringent conditions, transgenic plants still come across. You see, this has been put into circulation, and in order to clean it up, a lot of time and careful analysis are needed, control - not so fragmentary, but constant - over the situation with transgenic plants.
Marina Katys: I asked Marina Zibareva, Media Relations Specialist of Nestle Food's External Corporate Affairs Department, to comment on the statement that uncontrolled ingress of GM ingredients into baby food is possible.
Marina Zibareva: We pay great attention to the choice of suppliers of raw materials, as well as the raw materials themselves, which undergo a very strict assessment and verification.
And of course, we only work with suppliers who supply us with non-GMO ingredients.
Marina Katys: I must say that today there is a sufficient amount of unmodified soybeans in the world, and this makes it possible - if desired, to avoid getting GM soybeans into products.
Here's what Greenpeace Russia Campaigns Director Ivan Blokov says about this.
Ivan Blokov: The fact is that there are a number of countries in the world in which either GM soy is not grown at all (Russia is one of these countries), or countries in which it is practically not grown in most regions (Brazil ). Of course, it is impossible to separate GM soybeans from non-GM soybeans - once they are mixed. But when GM soybeans are not grown in the fields in a country, you can be almost completely sure that the conventional soybeans grown will not be contaminated or will be contaminated to a minimal extent.
It is quite possible to control this with instrumental methods, that is, it is possible to select and use soybeans without additional GM ingredients.
Marina Katys: But let's - as far as possible - digress from the confrontation between the Genetic Safety Association and the Nestle company.
How did the rest of the companies react to the research of the "Biocom" laboratory? - My question is addressed to Alexander Baranov.
Alexander Baranov: Some of them were outraged. Some wanted to cooperate and tried to find where exactly they had a breakthrough. Some did internal investigations, as far as I know, and it turned out that they really had a little problem in certain countries with these products - indeed, GM components got there - and they just took a number of measures and ruled it out.
Marina Katys: That is, the reaction of other companies was very constructive.
Alexander Baranov: Not everyone. There were attacks, there were shouts, there were also unpleasant negotiations. But for the most part, there were perfectly normal conversations. The same Valio, the same Kolinska, the same Nutrition: Nutrition were engaged in an internal investigation. So the company of the company is different. And only one "Nestlé" has taken such an aggressive, attacking position. Apparently, she has developed such a position all over the world, because an analysis of the situation in the world with the Nestlé company shows that she has a lot of violations both in other countries and in other indicators. And even the WHO published a special report stating that Nestlé is the main violator of the Code of Breast Milk Substitutes Manufacturers (there are certain clauses that cannot be violated, and they are signed by different countries). So, this company violates 9points is the biggest violation. Gerber is next with 5 counts.
Marina Katys: Alexander Baranov believes that after the publication of the results of research by the Biocom laboratory on the content of GM ingredients in the baby food of a number of companies, it was Nestlé that aroused the greatest sympathy from the public - as one of the oldest companies in the world. market.
Alexander Baranov: For some reason, everyone began to feel sorry for Nestlé. Yes, I respect this company, I respect all of its products. But, gentlemen, we must face the truth, and not prove to us that "this cannot be, because it can never be." This is not proof. If you have been found (and even in different countries), - gentlemen, this is a wake-up call, you need to check. Invest money. You have quite a lot of money, you invest millions and billions in advertising, in some programs - invest here. You must protect the population that will consume your products - this is my position and the position of our Genetic Safety Association.
Marina Katys: Viktoria Kolesnikova, head of the International Socio-Ecological Union's "For Biosafety" campaign, believes that Nestlé is using double standards.
Viktoria Kolesnikova: The main website of the company itself states that it is, in principle, not against this technology itself. And where the consumer is seriously concerned about this issue - it does not use genetically modified organisms. Consequently, the company has at least several lines designed for different consumers.
Marina Katys: However, Nestlé's representative Marina Zibareva gives this explanation about the company's main website.
Marina Zibareva: Nestlé shares the opinion that those ingredients that have been obtained through genetic engineering and have been recognized as safe by international organizations are safe.
But this does not mean at all that we use them. Our position in Europe says the following: we do not use genetically modified ingredients in the production of our food.
Marina Katys: Child?
Marina Zibareva: In general - food, including children's food.
Marina Katys: Does all baby food come to Russia from the European continent?
Marina Zibareva: Yes, all food sold on the Russian market is produced in European factories and imported here.
Marina Katys: Finally, I would like to give the floor to a third, uninterested party, namely, Greenpeace Russia Campaigns Director Ivan Blokov.
I know that Greenpeace has also carried out research on baby food produced by various companies for the content of GM organisms in baby food.
What are the results of your research?
Ivan Blokov: No GM content was found in the majority of tested foodstuffs. In particular - in the same firm "Nestlé", when we checked baby food, we did not find GM products. These studies were carried out both by the Russian laboratory and the Gene Scan laboratory in Germany. The Russian laboratory we are contacting is the laboratory of the Institute of Sociology of the Russian Academy of Sciences, which does not own the methods of quantitative analysis, but does a qualitative analysis, and its results have been verified together with the laboratory in Germany. That is, we just actually intercalibrated the two laboratories, their quantitative results. Unfortunately, we do not yet know of any Russian laboratory that has been tested and intercalibrated with any of the European Union laboratories.
Marina Katys: Based on your research, is baby food sold in Russia completely GMO-safe?
Ivan Blok: Most of the baby food.
I won’t say everything, but most of the baby food does not contain GMOs or contains a minimal amount - at the level of 0.1-0.2 percent of the protein contained there. Perhaps this is not surprising, because, of course, children are the most sensitive part of our society. If genetically modified organisms are really harmful, then, of course, the first to feel it will be children. So, of course, firms try to be careful.
Marina Katys: But - in principle - the content of GMOs in the diet can harm the human body?
Ivan Blokov: There have been no reliable studies of what will happen as a result of the use of GMOs. The only more or less complete studies that have been conducted are studies on a modified tomato. In this case, the gene was not added, but one of those genes that are in this tomato was withdrawn. All other studies suffer from the fact that they are either incomplete or give clear grounds for believing that there are negative consequences.
For example, studies that were conducted on rats both at the Russian Institute of Nutrition and by Mansanta (in one case - potatoes, in the other case - corn) show that rats exhibit deviations in the blood composition, a change in the size of internal organs and even a sharp increase in internal pathologies. Although the latter is not statistically proven, since in the same six or eight rats on which the studies were carried out, it is impossible to determine how statistically significant this is. But the composition of the blood of the control group and the experimental group differed absolutely reliably.
Therefore, I do not presume to suggest what exactly the consequences will be, but it clearly follows from the studies we have that there are such consequences.
Marina Katys: What if we return to the Nestle company?
Ivan Blokov: We tested baby food, and the results obtained for the Nestle company (on the samples chosen by journalists) are negative, that is, no genetically modified ingredients were found there.
Marina Katys: For more than a year, Greenpeace Russia has been conducting research on the content of GM ingredients in products presented on the Russian market. And now we can talk about a pronounced trend towards the refusal of Russian manufacturers from the use of genetically modified raw materials.
Ivan Blokov continues.
Ivan Blokov: It seems to us that this is the result of the fact that companies began to monitor what is in their products, they began to conduct checks, include conditions in contracts that it will not be genetically modified soybeans . And as a result - (I will not say that we have a complete zero: so recently, genetically modified ingredients were found in two samples out of twenty), but compared to what it was (when 30, 40, 50 percent of the samples contained GM- ingredients) it is clear that there is a decrease.
It is difficult to quantify it yet, but it is clear that Russian producers are going to exclude GM ingredients from their products.
Marina Katys: How does Western Europe feel about products containing GM organisms?
Ivan Blokov: The population of Western Europe is extremely negative about products containing GM ingredients. The vast majority of the population (over 70 percent) does not want to use them, and in Western Europe there is a rather strict requirement that products containing more than 0.9 percent of the modified protein (in relation to the total protein contained) must be labeled.
But at the same time, there is one more rule that we often forget: these same percentages of the GM protein content should be in the products only by chance. If a company intentionally blends non-GM soybeans with GM soybeans, then even if the blended GM soybean content is less than 0.
9 percent, the product must still be labeled as containing GM ingredients because it was intentional.
Marina Katys: What is your assessment of the prospects for GM products on the Russian market?
Ivan Blokov: It is safe to say that GM products will not be able to conquer the Russian market. First, we have very strict environmental legislation. And the two environmental impact assessments, which denied permission to grow GM products, clearly show that from this point of view, there will be no cultivation until detailed studies are carried out.
On the other hand, in our market, consumers are mostly reluctant to use GM products. Surprisingly, but this is a rather sensitive thing for the Russian population, so most companies are really trying to stop using them. The big meatpacking companies are not only refusing to use the products, but they are also trying (and often do) to set up their own control system to make sure they don't get into trouble when communicating with consumers.
Marina Katys: At the moment, the conflict between the National Association for Genetic Safety and Nestlé has not yet been resolved. Nestlé lawyers are considering filing an appeal against the decision of the Moscow Arbitration Court, and the company hopes to prove in court that they do not use genetically modified raw materials in the production of baby food.
GMOs in baby food
It seems that if we pay this kind of money and the manufacturer's name is so well known, then this is a guarantee of quality. However, everything is not quite so0007
Back in 2004, a scandal broke out involving the world-famous company Nestle, which sued the Genetic Safety Association of the Russian Federation. This organization has carried out an independent examination of baby food of the most famous companies, such as Gerber, Semper, Kolinska, Valio, Frisland Nutrition and Nestlé. GMOs (genetically modified organisms) were found in the products of all the listed companies.
Only Valio did not challenge the results of the examination, and Nestlé even filed a lawsuit.
Apparently? the largest foreign baby food manufacturers believe that we should feed our children with cloned products and be happy. And if the consumer expresses any dissatisfaction, then this, according to Nestlé, is not a normal situation. In general, it is better to know less. By the way, Nestlé was never able to refute the results of the Russian examination of their products.
Perhaps you don't know, but on the territory of the Russian Federation it is impossible to use GMOs in baby food without control. But the State Duma decided to go even further and protect its little citizens from cloned potatoes and beef. At the beginning of 2010, a bill was submitted for discussion, according to which Russia would ban the manufacture and sale of baby food containing GMOs altogether.
The problem lies primarily in the fact that the vast majority of baby food, unfortunately, is still imported from abroad.
And it is in this baby food that GMOs are found. The situation is also aggravated by the fact that more than two-thirds of babies today eat exclusively infant formula, and not breast milk. This is such a big burden on the child's body. And if artificial nutrition is also of poor quality, then this can have an absolutely irreparable impact on the health of the future nation.
Why should GMOs be banned from baby food? Maybe there is nothing wrong with using cloned products?
To date, it has been absolutely proven that GMOs have a very detrimental effect on the human body. Under the influence of such products, the process of hematopoiesis may be disrupted. People who eat foods containing GMOs are more prone to cancer. And another interesting effect of GMOs on the human body is that the body ceases to respond adequately to drugs. That is, it will be very difficult to cure such a consumer of GMOs from any disease.
Genetically modified organisms and products provoke the development of allergies, skin diseases, disorders of the digestive organs, and various disorders of the nervous system.
