Sprout Foods, Inc. won a significant victory when the Superior Court of New Jersey dismissed a putative class action regarding alleged heavy metals in Sprout’s baby food products.
In Kimca v. Sprout Foods, Inc., six named plaintiffs alleged that Sprout's baby food products contained dangerous (but undefined) levels of heavy metals. The plaintiffs originally filed their complaint in the United States District Court for the District of New Jersey. The Faegre Drinker team moved to dismiss that complaint, and earlier this year, District Judge Stanley R. Chesler granted Sprout’s motion, holding that plaintiffs lacked standing to pursue their claims in federal court.
Plaintiffs then filed a substantially identical complaint in New Jersey state court, and the Faegre Drinker team again moved to dismiss. On August 17, 2022, Judge Robert C. Wilson granted Sprout’s motion and dismissed plaintiffs’ complaint, holding that (1) the FDA has primary jurisdiction over plaintiffs’ claims, and (2) plaintiffs failed to adequately allege an injury, which is fatal to each of their claims.
