The petition alleges that Gerber used 67 batches of rice flour between 2017 and 2019 that contained inorganic arsenic. It compares the levels with the federal limit for inorganic arsenic in bottled water. The state also alleges that Gerber’s carrots contained cadmium and its sweet potatoes had excessive amounts of lead. The allegations have not been proven in court.

Texas Attorney General Ken Paxton said the state’s case centers on the company’s safety claims and testing practices. His office alleges Gerber rarely tested for mercury and often tested individual ingredients rather than the finished products sold to families. Paxton said the company’s own testing found toxic metals despite promises that its food was safe and rigorously tested.

Arsenic, lead, mercury and cadmium can harm the nervous system. The attorney general’s office says there is no established safe level of exposure to lead or inorganic arsenic for babies.

Gerber began making test results available through QR codes on product labels in 2025 to comply with California law. The Texas lawsuit argues the labels do not resolve the alleged deception because, it says, the products and safety claims have not changed.

The state is seeking civil penalties of up to $10,000 for each alleged violation; the petition says the total could exceed $10 million. Texas also seeks restitution and other costs. The petition cites Beech-Nut’s recall of its infant rice cereal and its decision to stop selling the product after tests found lower average arsenic levels than in Gerber’s cereal. According to the attorney general’s office, Gerber has not recalled a product over heavy-metal contamination, though it has recalled products for other issues, including plastic and choking hazards.