The Supreme Court cleared the way on Tuesday for a Texas couple who claimed that tainted baby food had sickened their son to press ahead with a lawsuit against Whole Foods.
In a unanimous decision, the court agreed that the couple should be able to continue to pursue their lawsuit in state court.
In an opinion written by Justice Sonia Sotomayor, the court found that a federal appeals court had correctly cleared the way for the couple to continue their legal fight, writing that the couple had “exercised their right” to choose to bring a lawsuit in state court.
In 2021, Sarah and Grant Palmquist sued the grocery chain and an organic baby food maker, arguing that food bought at the store had harmed their young son.
The couple said that their son, Ethan, had normal development until he was 2½ years old. He then suddenly regressed and was diagnosed with seizures and autism spectrum disorder. Tests showed that the boy had high levels of toxic metals in his body, the couple asserted in court filings, and showed signs of heavy-metal poisoning.
The Palmquists blamed their son’s medical problems on his near-exclusive diet of Earth’s Best Organic baby food, a brand made by the Hain Celestial Group that the family bought at Whole Foods.
In their lawsuit, they pointed to a 2021 report from the House Oversight Committee that found that certain commercial baby foods, including Earth’s Best, were tainted with significant levels of toxic heavy metals, including “arsenic, lead, cadmium and mercury.”
The baby food manufacturer had argued that the couple improperly added Whole Foods to the case in order to keep it in state court, which is generally thought to be friendlier for plaintiffs. A federal judge agreed and dismissed the claims against Whole Foods.
The couple eventually lost the suit — after a jury trial, the judge dismissed their case, finding that the couple’s theory that their son’s health issues had been caused by the baby food was “simply not supported by the science.”
The couple appealed. The appeals court did not rule on the merits of their claim but, in a May 2024 decision, found the trial court had erred when it removed Whole Foods from the case. A three-judge panel for the U.S. Court of Appeals for the Fifth Circuit ordered that the case be sent back to state court to start over from scratch.
Hain Celestial Group then asked the Supreme Court to weigh in. Lawyers for the company argued that the appeals court decision directly conflicted with other court rulings and “egregiously wastes judicial and party resources with no apparent benefit.”
Lawyers for the Palmquists countered that the company had “significantly overstated” disagreements among the federal appeals courts on the question, finding there was “no meaningful split” on the question before the court.
Abbie VanSickle covers the United States Supreme Court for The Times. She is a lawyer and has an extensive background in investigative reporting.
The post Supreme Court Sides With Couple in Case Involving Baby Food Sold at Whole Foods appeared first on New York Times.
