Where to File in Texas
Venue & MDL Status: Texas plaintiffs typically file in the Southern District of Texas (Houston Division) or the Northern District of Texas (Dallas Division). No centralized MDL exists as of early 2025; each case proceeds independently in the filing district. Texas's large population and high volume of baby food consumption make it a significant source of plaintiffs, and federal judges in S.D. Tex. have experience managing complex mass-tort dockets.
Statute of Limitations: Texas imposes a two-year statute of limitations for personal-injury and products-liability claims under Texas Civil Practice & Remedies Code § 16.003. The discovery rule applies where the nature of the injury was inherently undiscoverable; parents of children diagnosed with autism spectrum disorder or neurodevelopmental delay years after infant heavy-metal exposure may invoke the rule to preserve otherwise time-barred claims.
Consumer Protection: The Texas Deceptive Trade Practices–Consumer Protection Act (DTPA, Tex. Bus. & Com. Code § 17.41 et seq.) allows consumers to recover economic damages, mental-anguish damages, and up to three times economic damages for knowing violations. Baby-food purchasers who relied on labeling claims such as 'organic' or 'non-GMO' while the manufacturer possessed internal testing showing dangerous heavy-metals levels may have strong DTPA misrepresentation claims.
Defendant Distribution: Gerber and Beech-Nut products dominate Texas market share, available in HEB, Walmart, Target, and regional grocery chains statewide. Hain Celestial's Earth's Best line was widely distributed through Whole Foods locations concentrated in Austin, Houston, and Dallas. Sprouts Farmers Market operates numerous Texas stores and sold the Sprouts-brand baby food identified in the 2021 Congressional report. Walmart is incorporated in Arkansas and subject to general personal jurisdiction in Texas for its substantial in-state operations.
Your Legal Team
Diana Reyes
Associate Attorney, Pediatric Injury Practice
Houston, TX
Diana Reyes brings a background in child psychology and bilingual advocacy to her product liability practice. She represents Spanish-speaking and English-speaking families across Texas who fed their children contaminated baby food products and later received ASD or ADHD diagnoses. Diana is fluent in Spanish and provides Spanish-language consultations at no charge. She manages an active docket of over 80 baby food heavy metals cases in MDL 3101.
Education
- J.D., University of Texas School of Law
- B.A. Psychology, University of Houston