Proposed Guidelines Delayed Until 2025 as Concerns Rise
In the spring of last year, Sarah Callahan’s son, Rudy, at just nine months old, developed a strong affinity for WanaBana apple cinnamon fruit purée pouches. Sarah, a 39-year-old mother from Port Republic, Maryland, selected these pouches to transition Rudy from breastmilk to solid foods, deeming them a healthy option, boasting qualities such as being preservative-free, kosher, and gluten-free.
However, three months later, during Rudy’s one-year checkup, Sarah received devastating news – Rudy had lead poisoning. No apparent source of lead contamination was found in their home. When she later discovered that WanaBana had recalled the cinnamon apple purée, Sarah was left stunned and distraught.
Sarah’s case is not isolated; as of November 22nd, the Food and Drug Administration (FDA) has reported 52 cases in 25 states involving children aged 1 to 4 with elevated blood lead levels potentially linked to the apple cinnamon purées. Shockingly, one sample of the product, acquired at a Dollar Tree and tested by the FDA, contained 200 times more lead than the agency’s proposed guidelines would allow.
On October 30th, WanaBana recalled all lots of the product, followed by several lots under different brand names like Schnucks Apple Sauce pouches with cinnamon and Weis Cinnamon Apple Sauce on November 9th. The FDA, in response, advised parents not to purchase the product while they investigate these lead poisonings. The agency’s statement on November 22nd revealed that recalled products were still on the shelves of several Dollar Tree stores across multiple states.
WanaBana responded to inquiries by referring to a press release from November 19th, stating their collaboration with the FDA to investigate the source of lead contamination. Dollar Tree, on the other hand, affirmed that it is actively working to remove the recalled WanaBana Apple Cinnamon Fruit Puree pouches from stores and dispose of them following FDA guidelines. Their registers have been programmed to prevent sales of the recalled product.
The issue of lead-contaminated applesauce pouches sheds light on the FDA’s ongoing struggles in regulating baby food. In the previous year, the FDA faced scrutiny due to recalls of certain powdered baby formulas that resulted in severe illness and one fatality from a bacterial infection. This recall compounded an existing formula shortage, prompting the government to airlift large quantities of formula from overseas.
In 2021, a congressional investigation exposed commercial baby food with significant levels of harmful substances such as arsenic, lead, cadmium, and mercury, prompting the FDA to draft industry guidelines for children’s safety. The FDA anticipates finalizing these guidelines by early 2025. Nonetheless, even without new guidelines, the agency retains the authority to take regulatory action if it identifies specific products as unsafe.
Jane Houlihan, research director for Healthy Babies Bright Futures, emphasizes the need for more substantial FDA measures to protect children from heavy metals. Houlihan, who co-authored a 2019 report revealing that 95% of tested baby foods contained heavy metals, highlights the gaps in the safety net, emphasizing that current labels do not address heavy metal content. Government intervention is crucial to hold food manufacturers accountable.
Lead exposure in young children can lead to severe health problems, including brain and nervous system damage, slowed growth, hearing and speech issues, lower IQ, and even death. Children under 6 are particularly vulnerable due to their developing bodies. There is no known safe blood lead level in children, with a level of 3.5 micrograms per deciliter or higher considered high.
In cases where babies and toddlers consumed the contaminated cinnamon apple pouches, blood lead levels ranged from 4 to 29 micrograms per deciliter. This contamination is a significant concern for Dr. Frederick Henretig, a medical toxicologist at the Children’s Hospital of Philadelphia’s Poison Control Center. He emphasizes the inappropriateness of significant lead levels in applesauce containers.
While lead in food is not uncommon, significant progress has been made in the U.S. over the past few decades to reduce exposure from food and other sources like paint. Lead naturally occurs in the Earth’s crust, and it can enter the food chain when plants absorb it from the soil or when livestock consumes lead-laden soil or plants. The FDA is still investigating how lead found its way into the applesauce pouch supply, with cinnamon used in the pouches being a leading suspect.
Contaminated foods pose a multifaceted problem, requiring solutions at various levels. The FDA should establish protective standards, food manufacturers must rigorously test their ingredients and finished products, and parents need to remain vigilant in their choices to minimize their children’s exposure to toxic metals.
Currently, parents have limited options to ensure their children’s food remains uncontaminated, apart from regular checks on the FDA’s recall page.
For victims like Rudy and Sarah Callahan, who have experienced the devastating consequences of lead-tainted applesauce, there may be legal recourse. Filing a product liability lawsuit against the responsible party, in this case, WanaBana, could be an option to seek damages.
A product liability lawsuit in such circumstances would involve several steps, and it is crucial to engage an attorney for each phase of the process. Firstly, victims would need to consult with an attorney to assess the validity of their case. An attorney would help gather evidence and establish a link between the contaminated product and the injuries suffered.
The lawsuit would then proceed to the filing stage, where the attorney would draft a complaint and file it in the appropriate court. WanaBana, as the manufacturer of the contaminated applesauce, would be the defendant in this case.
Next comes the discovery phase, where both parties exchange information and evidence. The attorney would play a vital role in negotiating settlements or pursuing the case to trial if a fair settlement cannot be reached.
Victims need an attorney throughout this process because product liability cases can be complex and require legal expertise to navigate effectively. Attorneys can ensure that victims’ rights are protected, gather evidence, and advocate for fair compensation.
In a product liability lawsuit concerning injuries from contaminated food, victims could potentially recover damages for medical expenses, emotional distress, pain and suffering, and other losses. The extent of the damages would depend on the severity of the injuries and the precise circumstances of each case.
The lead contamination crisis in applesauce pouches underscores the need for heightened vigilance and government action to protect children from harmful substances in their food. Victims should explore their legal options, including filing a product liability lawsuit, with the assistance of experienced attorneys. Parker Waichman LLP stands ready to provide guidance and support during these challenging times, offering a free consultation to help victims seek justice and compensation.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
For those affected by the lead-tainted applesauce issue or any other product injury, it’s crucial to consult our law firm. Parker Waichman LLP focuses its practice on product liability cases and offers free consultations to victims of dangerous products. If you or a loved one has suffered harm due to a defective or contaminated product, don’t hesitate to reach out to us at 1-800-YOUR-LAWYER (1-800-968-7529) for expert guidance and legal support.
Regardless of your location or where your injury occurred, our nationwide personal injury law firm is ready to assist you.
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