Baker v. Walmart Inc

On August 31, 2021, Tyler Baker (“Plaintiff”), individually, and on behalf of all others similarly situated, represented by Aarthi Manohar, Barbara Gibson, Craig W. Hillwig, Douglas A. Abrahams and William E. Hoese of Kohn, Swift & Graf, P.C., Stephanie Egner Smith of Roberts Law Firm, P.A., Nathan J. Fink and David H. Fink of Fink Bressack, filed a personal property fraud liability lawsuit against Walmart, Inc. ("Walmart" or “Defendant”), seeking declaratory, injunctive and compensatory relief, along with pre-judgment interest, restitution and costs, for allegedly marketing and selling Baby Food Products without disclosing that they were tainted with ("Toxic Heavy Metals") at levels above what is considered safe for babies. This case was filed in U.S. District Court in the Eastern District of Arkansas with Judge D. P. Marshall Jr. presiding. 

In the complaint, the Plaintiff alleged that, “On February 4, 2021, the Subcommittee on Economic and Consumer Policy of the U.S. House of Representatives (the "Subcommittee") released a Report concluding that baby food manufacturers, including Walmart, sold Baby Food Products containing concentrations of inorganic arsenic, lead, cadmium, and mercury at levels above what is considered safe for babies.” 

The Plaintiff further alleged that, “Walmart does not disclose the Toxic Heavy Metal content of its foods on its labels or in its marketing materials, nor does it warn consumers that its Baby Food Products may contain potentially dangerous levels of Toxic Heavy Metals.”

The Plaintiff further alleged that, “Plaintiff and the Class members purchased Baby Food Products manufactured and sold by Walmart, unaware that Walmart products potentially contain Toxic Heavy Metals at levels well above what is considered safe for babies. Had Walmart disclosed the Toxic Heavy Metal content on its product labels, or otherwise warned that its products could contain levels of Toxic Heavy Metals considered unsafe, neither Plaintiff nor any other reasonable consumer would have purchased Walmart's products.”

The Plaintiff lists out five claims for relief. The first claim alleged is for Breach of Express Warranty. The second claim alleged is for Breach of Implied Warranty. The third claim allege is for Unjust Enrichment. The fourth claim alleged is for the violation of Vermont Consumer Protection Act, and the fifth claim alleged is for the violation of Kentucky Consumer Protection Act. 

In his prayer for relief, the Plaintiff requested the Court for an order certifying the Classes; an order finding in favor of Plaintiff and the Classes on all counts asserted herein; an order enjoining Walmart from selling Baby Food Products until the higher and/or unsafe levels of Toxic Heavy Metals are removed or full disclosure of the presence of Toxic Heavy Metals appears on all labels; require Walmart to engage in a corrective advertising campaign and engage in any further necessary affirmative injunctive relief, such as recalling existing products; for damages in amounts to be determined by the Court and/or jury, and prejudgment interest on all amounts awarded; further, for an order of restitution and all other forms of equitable monetary relief, and for an order awarding Plaintiff and the Classes costs of litigation. 

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