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MANHATTAN — The Second Circuit vacated a New York federal court’s decision to dismiss a class action against Beech-Nut for allegedly elevated levels of toxic metals in its baby food. Because the FDA just postponed its planned “action plan” initiative to set levels for lead, arsenic, cadmium and mercury, and no imminent agency action is likely, the case would be unnecessarily prolonged if the lower court were not to continue considering the claims.
Read the ruling here.
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