Consumers alleging Beech-Nut Nutrition Co. made and sold baby food containing excessive levels of toxic heavy metals despite advertising the products as safe and healthy adequately stated an injury, a federal appeals court said Thursday.
The consumers sufficiently stated they wouldn’t have paid as much for the baby food products if they’d known the baby food contained heavy metals, and overpayment is a cognizable injury, the US Court of Appeals for the Second Circuit said in a summary order.
The lower court had tossed the complaint after ruling the consumers didn’t have standing for their claims. The district ...
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