The Supreme Court has handed a Texas couple another shot at a lawsuit over baby food bought at Whole Foods that they say harmed their son, reports Courthouse News. In a unanimous ruling Tuesday, the justices let stand a lower court decision that allows Sarah and Grant Palmquist to pursue claims against Whole Foods and baby food maker Hain Celestial Group in state court rather than federal court. Justice Sonia Sotomayor said the Palmquists had properly chosen a state trial, adding that "plaintiffs are ordinarily allowed to select whatever forum they consider most advantageous."
The case stems from a 2021 suit alleging that the couple's son, Ethan, developed seizures and autism after consuming large amounts of Earth's Best Organic baby food, purchased at Whole Foods. The Palmquists pointed to a 2021 House report that found elevated levels of heavy metals—including arsenic and lead—in several baby food brands, per the New York Times. A federal judge initially dismissed Whole Foods from the case, then tossed the suit entirely after a jury trial, saying the theory that the food caused Ethan's condition was "simply not supported by the science." The Fifth Circuit appeals court, without ruling on the merits of the case, ruled Whole Foods had been wrongly removed from the case and ordered a restart in state court, a move the Supreme Court has now allowed to stand.