Texas has taken direct aim at the safety promises behind Gerber baby food, one of the most trusted names in the baby aisle. Attorney General Ken Paxton sued Gerber Products Co. and its parent, Nestlé USA Inc. The state claims the companies misled parents about toxic heavy metals in Gerber products.
According to the Texas Attorney General’s Office, Gerber told parents its food was safe, rigorously tested, and recommended by pediatricians. However, the state says Gerber’s own test results showed dangerous levels of arsenic and lead.
The state filed the verified petition Oct. 9 in Collin County district court. Paxton announced the case Wednesday, and he seeks more than $10 million in civil penalties. The complaint also asks the court to permanently bar the companies from making misleading nutritional or safety claims.
What Texas Alleges About Gerber Baby Food
The attorney general’s office lays out several specific findings. From 2017 through 2019, Gerber used 67 batches of rice flour with more than nine times the arsenic level allowed in bottled water. In addition, its carrots reportedly had up to 17 times the bottled-water limit for cadmium. Its sweet potatoes reportedly had nearly 10 times the lead limit.
The state also says Gerber rarely tested for mercury. For most of that period, the company tested selected ingredients rather than the finished food babies eat.
Paxton brings the claims under the Texas Deceptive Trade Practices Act. Notably, the petition does not allege that any Gerber product injured any particular child. Instead, it focuses on whether Gerber baby food marketing deceived shoppers.
“Gerber promised parents its food was safe and rigorously tested. Its own tests showed toxic metals in the food,” Paxton said.
A Beech-Nut Comparison Drives the Case
The lawsuit leans heavily on a 2021 episode. That year, Alaska’s state laboratory found two samples of Gerber rice cereal above the federal arsenic limit. Beech-Nut’s cereal tested lower on average, yet Beech-Nut recalled it and exited infant rice cereal entirely.
Gerber, by contrast, issued no recall or warning. The petition cites a September 2021 congressional subcommittee report that criticized Gerber’s inaction. Still, the filing acknowledges Gerber’s position that FDA later retested and could not confirm Alaska’s results.
Related Article: Food Recalls in the U.S.: What’s Changing in Food Safety
QR Codes Under Scrutiny
Meanwhile, the state targets Gerber’s newer transparency tool. The lawsuit questions Gerber’s 2025 rollout of a QR code that lets shoppers view heavy metal testing, which the company introduced to comply with a California law.
Photos in the petition show a rice cereal box carrying a “#1 pediatrician recommended” seal on the front. The back panel directs shoppers to heavy metal results on Gerber.com. Texas argues that parents decide at the shelf, so a code on the back cannot fix a promise on the front.
Gerber and Nestlé Push Back
The companies dispute the charges. A Nestlé spokesperson told Just Food the allegations lack merit. Likewise, a Gerber spokesperson told Texas Scorecard, “It remains undisputed that Gerber products meet FDA limits for heavy metals.”
Nestlé also noted that heavy metals occur in the environment and that crops can absorb them in trace amounts. The company says it works to reduce them through sourcing, supplier requirements, testing, and quality controls. No court has established the allegations.
Regulatory Gaps Shape the Debate
Federal rules add complexity. FDA’s final 2025 guidance sets lead action levels at 10 parts per billion for fruits, most produce, and several other categories. That threshold rises to 20 ppb for dry infant cereals and single-ingredient root vegetables. For infant rice cereal, FDA caps inorganic arsenic at 100 ppb. The petition notes that FDA has set no enforceable limits for arsenic, mercury, or cadmium in these foods.
The Gerber case also follows a related agreement. Texas opened a probe into Gerber and Plum Organics in August 2025, and Plum settled in September. Under that deal, Plum committed to heavy metal testing, strict limits, and public test results. The settlement included no fine or consumer restitution.
Gerber Baby Food and the Shelf Ahead
For retailers, the case arrives in a high-trust category. Front-of-pack claims such as “pediatrician recommended” now face legal tests in Texas. At the same time, batch-level disclosure continues to spread through state laws and settlements. As a result, store teams may field more questions from parents in the baby aisle. Buyers and category managers will likely watch how Texas courts treat QR-code disclosures. The outcome could influence how brands and their retail partners present safety claims on shelves nationwide.