The 5th circuit court has denied a request from Whole Foods and Hain Celestial Group for a rehearing on a decision that keeps a baby food lawsuit in Texas state court. The lawsuit claims that Hain Celestial’s baby food, sold at Whole Foods, caused a toddler’s mental and physical decline due to toxic metals like arsenic, lead, cadmium, and mercury.
Originally filed in state court, the case was moved to federal court, where the defendants won on summary judgment. However, the 5th Circuit ruled that the case should have stayed in state court. The plaintiffs had clarified their claims, including breach-of-warranties and negligence, after the case was moved to federal court, and the court agreed that these claims were enough to keep the case in state court.