Complaint Against Beech-Nut Nutrition Company, Gerber Products Company, Nestle Enterprises S.A., Nestle USA, Inc., Plum, PBC, Societe Des Produits Nestle S.A., Sun-Maid Growers of California, the Campbell's Company with Jury Demand Filed by D. R.. (Attachments: # 1 Civil Cover Sheet)(Schlein, Mark)

I.

Plaintiffs

5.

Plaintiff is a child who lives with brain injuries and neurodevelopmental harm

caused by exposure to the Defendants’ Contaminated Baby Food, which has manifested in a diagnosis of ASD and ADHD.

6.

Plaintiff consumed baby foods manufactured and/or sold by Beech-Nut Nutrition

Company, Gerber Products Company, and Plum, PBC.

7.

The baby foods manufactured by Defendant Gerber and consumed by Plaintiff

were manufactured at the direction of, and/or under the control of, and/or according to the specification of, and/or with input from the parent companies, Nestlé USA, Inc., Nestlé Enterprises S.A., and Société des Produits Nestlé S.A.

8.

The baby foods manufactured by Defendant Plum and consumed by Plaintiff

were manufactured at the direction of, and/or under the control of, and/or according to the specification of, and/or with input from the parent company, The Campbell’s Company, and Sun maid Sun-Maid Growers of California.

9.

Plaintiff alleges that as a direct and proximate result of Plaintiff’s exposure to

Toxic Heavy Metals from consumption of Defendants’ Contaminated Baby Foods, they suffered significant harm, conscious pain and suffering, physical injury and bodily impairment including, but not limited to, brain injury manifesting as the neurodevelopmental disorders ASD and ADHD, other permanent physical deficits, permanent bodily impairment, and other

sequelae. Plaintiff’s injuries required medical intervention to address the adverse neurological effects and damage caused by exposure to Toxic Heavy Metals in Defendants’ Contaminated Baby Foods. Additionally, Plaintiff has suffered severe mental and physical pain, including but not limited to, pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and emotional distress and has and will sustain such injuries, along with economic loss due to medical expenses and living-related expenses as a result of lifestyle changes, into the future, as determined by the Trier of Fact.

10.

The product warnings for the Contaminated Baby Foods in effect during the time

period Plaintiff consumed the Contaminated Baby Foods were non-existent, vague, incomplete and/or otherwise inadequate, both substantively and graphically, to alert consumers to the presence of Toxic Heavy Metals in the Contaminated Baby Foods and/or the potentially severe health risks associated with Toxic Heavy Metal exposure in babies. Thus, each Defendant did not provide adequate warnings to consumers including Plaintiff, their parents, and the general public about the presence of Toxic Heavy Metals in the Contaminated Baby Foods consumed by Plaintiffs and the potential risk of the serious adverse events associated with Toxic Heavy Metal exposure in infancy.

11.

Had Plaintiff or their parents been adequately warned by the Defendants of the

potential for exposure to Toxic Heavy Metals from consumption of Defendants’ Baby Foods, and/or the potential for such exposure to result in harm, Plaintiff, or their parents would not have purchased, used and/or consumed Contaminated Baby Foods or would have taken other steps to potentially mitigate the harm caused by exposing a baby to Toxic Heavy Metals. II.

Defendants

12.

The following are the Defendants listed in this Complaint. In alphabetical order: 1. Beech-Nut Nutrition Company (“Beech-Nut”) 2. The Campbell’s Company (“Campbell”) 3. Gerber Products Company (“Gerber”) 4. Nestlé USA, Inc. (“Nestlé USA”) 5. Nestlé Enterprises S.A. (“Nestle Enterprises”) - 5 - COMPLAINT AND JURY DEMAND 6. Société des Produits Nestlé S.A. (“SPN”) 7. Plum, PBC (“Plum”) 8. Sun-Maid Growers of California (“Sun-Maid”)

9.

Defendant Beech-Nut Nutrition Company (“Beech-Nut”) is a citizen of Delaware

and New York with its principal place of business located at 1 Nutritious Pl., Amsterdam, New York 12010. Beech-Nut branded baby foods aim at infants 4+ months up to 12+ months and include a variety of cereals, “jars,” and “pouches” for these age groups. At all relevant times, Beech-Nut has conducted business and derived substantial revenue from its manufacturing, advertising, distributing, selling, and marketing of Baby Foods within this judicial district and throughout the United States.

10.

Beech-Nut is wholly owned by Hero A.G., aka Hero Group (“Hero Group”), a

citizen of Switzerland, with its principal place of business located at Karl Roth-Strasse 8, 5600, Lenzburg, Switzerland. The relationship between Beech-Nut and Hero Group was formed in 2005. Prior to that, starting in 1998, Beech-Nut was owned and operated by the Milnot Holding Corporation, and prior to that, starting in 1989, Beech-Nut was owned and operated by Ralston Purina, and prior that, starting in 1979, Beech-Nut was owned and operated by Nestlé.

11.

On information and belief, other Hero Group entities were directly involved in

the content and quality of the Beech-Nut Baby Foods at issue, including decisions and actions related to sourcing ingredients, setting limits for Toxic Heavy Metals, and testing for Toxic Heavy Metals. Information discovered to date in this litigation and concurrent state-court litigation indicates that Beech-Nut undertook the tortious conduct alleged herein at the direction of or in tandem with Hero Group entities, but discovery has not enabled Plaintiffs to specifically identify all relevant Hero Group entities within the complex corporate chain. Plaintiffs reserve all rights to pursue claims against additional Hero Group entities that further discovery may reveal.

12.

For the purposes of this Complaint, allegations related to Beech-Nut apply

equally to any responsible Hero Group entities, as each Defendant exercised authority and control over the sale, manufacture, and distribution of Beech-Nut’s Contaminated Baby Foods