Paxton Takes on Baby Food and Clothing Giants in Fight to Protect Texas Children

Texas Attorney General Ken Paxton is taking on major consumer brands in a series of actions aimed at protecting children and ensuring parents receive honest information about the products they bring into their homes.

From baby food containing dangerous levels of toxic heavy metals to an investigation into chemicals potentially present in children’s clothing, Paxton’s office is demanding answers from companies whose products are used by families across the country.

On October 14, Paxton announced a lawsuit against Gerber Products Company and Nestlé USA, alleging that Gerber misled Texas parents about the safety and testing of its baby food. The lawsuit follows an October 6 investigation into children’s clothing manufacturers Hanes and Fruit of the Loom over concerns about potentially harmful chemicals in materials used for children’s undergarments.

Although the cases involve different products and different legal allegations, they share a fundamental concern: Parents deserve accurate information about the products they purchase for their children, and companies must be held accountable when evidence indicates they have violated the law.

According to the Texas Office of the Attorney General (OAG), Gerber marketed its baby food as safe, pure, rigorously tested, and recommended by pediatricians while its own testing allegedly showed concerning levels of toxic heavy metals in ingredients used to make its products. The lawsuit highlights allegations involving arsenic, lead, and cadmium, substances that can pose serious health risks, particularly during early childhood development.

The attorney general further alleges that Gerber rarely tested for mercury and, for much of the period in question, tested selected ingredients rather than the finished food consumed by babies.

Paxton stated in the OAG announcement, “Gerber promised parents its food was safe and rigorously tested. Its own tests showed toxic metals in the food. When a company makes promises about what parents feed their babies, I will hold it accountable to ensure those promises are kept.”

Paxton’s efforts extend beyond food. On October 6, his office announced an investigation into Hanes and Fruit of the Loom over the potential presence of harmful chemicals in materials used for children’s undergarments.

The OAG issued Civil Investigative Demands to both companies to obtain information as it examines their manufacturing practices and the materials used in their products.

According to the attorney general’s announcement, manufacturers increasingly rely on synthetic materials such as polyester, rayon, and spandex. These materials can involve plastic-derived components and chemical-intensive manufacturing processes.

The OAG identified concerns involving substances including bisphenols, phthalates, PFAS, parabens, and fluorine used in textile manufacturing. Certain chemicals within these categories have been associated with health concerns, including endocrine disruption and other adverse effects. Synthetic fabrics can also shed microplastics.

In the October 6 press release, he stated, “We must protect our children who cannot yet protect themselves. This includes making sure that the necessities parents rely on are free from toxic chemicals and do not harm the health of kids.”

Hanes and Fruit of the Loom products are familiar household purchases for many American families. Parents reasonably expect clothing sold for children to meet applicable safety requirements and that manufacturers will be transparent about their materials and manufacturing practices.

Parents cannot independently inspect every ingredient in their children’s food or every chemical used to manufacture their clothing. They depend on manufacturers to follow the law, conduct appropriate testing, and provide truthful information. When companies advertise products as safe, rigorously tested, or suitable for children, those claims should be supported by evidence.

These cases must now proceed through the appropriate legal processes. The principle behind these efforts is worth defending: Children deserve protection, parents deserve the truth, and corporations must be held accountable when they fail to meet their legal responsibilities.

We applaud Attorney General Ken Paxton for making the health and safety of Texas children a priority. When it comes to the well-being of our children, Texas families deserve nothing less.