By Jonathan Stempel
April 16 (Reuters) - Abbott Laboratories ABT.N won the dismissal of a proposed class action by parents who alleged its Similac infant formula contained undisclosed heavy metals.
U.S. District Judge Matthew Kennelly in Chicago said the plaintiffs failed to show that Similac's packaging would mislead reasonable consumers into believing that the product was a high-quality, safe formula free of heavy metals including arsenic, cadmium, lead and mercury.
Kennelly called it common knowledge that heavy metals, microplastics and so-called forever chemicals are present in many products, and that national media and a variety of published reports discussed heavy metals' possible presence in infant formula.
He also said even the parents agreed that heavy metals are commonly detected in infant formula, as well as in breast milk and food.
"The ingredient- and health-related claims on Similac packaging did not create a likelihood of deception under these circumstances," he wrote. "The fact that Abbott could have provided 'more specific' information regarding heavy metals in Similac does not establish a genuine factual dispute on a claim of deception."
Parents who bought Similac between 2019 and 2024 said Abbott violated several state consumer protection laws by failing to disclose the risk or presence of heavy metals in Similac. They said they would not have bought the product or would have paid less had they known.
Lawyers for the parents did not immediately respond to requests for comment on Thursday. Abbott did not immediately respond to similar requests.
The lawsuit was a follow-on to an earlier case that Kennelly dismissed in February 2025, but added new damages claims.
Heavy metals have been linked to a variety of health problems including various cancers, nervous system problems, compromised immune systems and kidney damage.
The case is Huggins et al v. Abbott Laboratories, U.S. District Court for the Northern District of Illinois, Eastern Division, No. 1:25‑cv‑02460.
For the plaintiffs: Rebecca Anne Peterson and others from Hecht Partners
For Abbott: William F. Cavanaugh, Jr. from Patterson Belknap Webb & Tyler
(Reporting by Jonathan Stempel in New York)