Supreme Court Sides With Couple in Case Involving Baby Food Sold at Whole Foods

The Supreme Court on Tuesday cleared the way for a Texas couple to pursue a lawsuit in state court after they said tainted baby food sold at Whole Foods had sickened their son. The decision was unanimous, and Justice Sonia Sotomayor wrote that the couple had "exercised their right" to bring the case in state court.

Sarah and Grant Palmquist sued a baby food manufacturer and Whole Foods in 2021, alleging that their son Ethan — who the couple says developed normally until age 2½, then regressed and received diagnoses of seizures and autism spectrum disorder — showed high levels of toxic metals and signs of heavy-metal poisoning.

They pointed to a 2021 House Oversight Committee report that said certain commercial baby foods, including Earth’s Best Organic, contained arsenic, lead, cadmium and mercury. The manufacturer argued that the Palmquists had improperly added Whole Foods to keep the case in state court; a federal judge agreed and dismissed the claims against the retailer.

United States, Texas

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