IN RE PLUM BABY FOOD LITIGATION

UNITED STATES JUDICIAL PANEL

on

MULTIDISTRICT LITIGATION

IN RE: BABY FOOD MARKETING, SALES PRACTICES

AND PRODUCTS LIABILITY LITIGATION MDL No. 2997

ORDER DENYING TRANSFER

Before the Panel:* Plaintiffs in the Eastern District of New York Albano action move under 28 U.S.C. § 1407 to centralize this litigation in the Eastern District of New York. This litigation consists of 38 actions pending in ten districts, as listed on Schedule A.' These actions allege that manufacturers of baby foods knowingly sold baby food products containing heavy metals (specifically, arsenic, lead, cadmium, and mercury), yet marketed these products as healthy and as not containing harmful ingredients. Movants seeks centralization on an industry-wide basis, with the proposed MDL incorporating actions against all major baby food manufacturers. Since the filing of the motion, the Panel has been notified of 48 related federal actions pending in twelve districts. The motion elicited numerous and varied responses. Plaintiffs in four actions on the motion and six related actions support industry-wide centralization. In addition to the Eastern District of New York,…