Nestle, Dannon, Gerber Beat Baby Product Fluoride Suit

Law360, New York (August 27, 2013, 8:08 PM EDT) -- A federal judge last week tossed a lawsuit accusing Nestle USA Inc., Gerber Products Co. Inc. and The Dannon Co. Inc. of failing to warn consumers that their bottled water and baby food and formula products contain excessive amounts of fluoride, finding federal law preempts the claims.

Plaintiff Michelle Nemphos alleged the products’ high fluoride concentrations caused aesthetic damage to her baby daughter’s teeth, and that the companies did not properly warn consumers of that risk. But U.S. District Judge George L. Russell III said Nemphos’...
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