The Balancing Act in Regulation Between the FDA and the Court’s Role in Promoting Children’s Health: In re: Gerber Products Company Heavy Metals Baby Food Litigation

Abstract

Infantile food products have been at the forefront of litigation in the recent year for unsafe standards set forth by their developing companies. This recent case development explores how the Court decided on a suit brought forth against Gerber for toxic levels of heavy metals in their food. Their opinion shines a light on how upcoming larger cases against Abbott Industries for unsafe milk products might be handled. The author urges the Courts and the FDA to work together to resolve these cases in the interest of pediatric public health.