New Mexico’s Attorney General Hector Balderas has recently filed a lawsuit against several baby-food makers and retail chains, alleging they sold products containing dangerous levels of arsenic, mercury, lead, and cadmium.

Balderas asserts that Beech-Nut, Nurture, Hain Celestial, Walmart, and Kroger have violated consumer protection laws by promoting and selling contaminated products labeled safe and appropriate for babies, infants, and young children.

“Any company that harms New Mexican children will be held accountable,” Balderas stated. “Knowingly marketing toxic products to children in a state that already has the worst child welfare outcomes in the nation is unacceptable and outrageous, and so we are taking this action on behalf of all New Mexican families.”

Filed in First Judicial District Court in Santa Fe, the accused has been charged with violating New Mexico’s Unfair Practices and False Advertising Acts and public nuisance statutes. It also claims for failure to warn, negligence, and design/manufacturing defect. The State of New Mexico is seeking damages, restitution, civil penalties, and numerous other remedies.

The lawsuit follows a report published in February 2021 by a U.S. House of Representatives Oversight and Reform Committee subcommittee. The suit is the product of a year-long investigation. It reports that the food-makers acknowledged there being concentrations of lead, arsenic, mercury, and cadmium in their baby products, with the levels being dangerously higher than allowed under FDA regulations. The test results of these baby foods found up to 91 times the arsenic level, up to 177 times the lead level, up to 69 times the cadmium level, and up to 5 times the mercury level.

According to their internal documents, the Balderas’ complaint lists numerous individual products manufactured or sold by the defendants containing dangerous levels of these toxins.

Have You Been the Victim of Product Liability?

While this is one situation where big companies have been negligent with their products, it is not the only one. There are many products out there, and if you think you or someone you know has been the victim of one marketed unsafely, you should seek the help of a lawyer right away. The right attorney can help you receive compensation for medical bills and other unforeseen expenses and damages.

Enlist the Help of a Qualified Attorney Today

At The Law Office of Brian K Branch, we have decades of experience taking on major corporations. We have worked on hundreds of product liability cases and are not intimidated by corporate giants. We have the resources and knowledge to help you get what you need and move on with your life. Reach out today and book a consultation at our office in Albuquerque.


The Law Office of Brian K Branch


715 Marquette Ave. NW

Albuquerque, New Mexico 87102

Tel: 505.764.9710

Toll Free: 888.972.1212

Fax: 505.764.9722

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