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LAW LOGS > Blog > Civil Law > Torts > Girl Scouts Cookies Lawsuit: Legal Breakdown of the Heavy Metals Controversy
Torts

Girl Scouts Cookies Lawsuit: Legal Breakdown of the Heavy Metals Controversy

Reo r
Last updated: June 12, 2025 2:58 pm
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Girl Scouts Cookies Lawsuit
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Girl Scout cookies are a beloved American tradition, sold by young girls to fund local troops. But in March 2025, a bombshell lawsuit shook the Girl Scouts of the USA. Consumers claim these iconic treats contain dangerous heavy metals and pesticides, sparking a national debate. The girl scouts cookies lawsuit isn’t just about Thin Mints or Samoas—it’s about food safety, consumer trust, and legal accountability. With 200 million boxes sold annually, generating $800 million (NPR, 2025), the stakes are high. This pillar blog dives deep into the case, exploring allegations, laws, and what’s next. Worried about product safety? A product liability lawyer can help. Contact one for a free consultation today

Contents
Case BackgroundKey Legal ClaimsApplicable LawsDefendants’ ResponsePotential OutcomesSimilar Cases for GuidanceWhat Consumers Should Know

Case Background

The girl scouts cookies lawsuit was filed on March 10, 2025, in the U.S. District Court for the Eastern District of New York (Case No. 1:25-cv-01367-PK). Initially led by Amy Mayo, a New York resident, the case is now driven by plaintiffs Danielle Barbaro and Judy Cholewa after Mayo’s withdrawal (USA Today, 2025). The proposed class-action targets Girl Scouts of the USA and cookie manufacturers Ferrero U.S.A. (Little Brownie Bakers) and Interbake Foods (ABC Bakers). It seeks $5 million in damages for U.S. cookie buyers and demands warning labels on packaging (Reuters, 2025).

Who Filed It and Why

The plaintiffs, everyday consumers, bought cookies like Thin Mints and Tagalongs, expecting them to be safe. They allege the Girl Scouts misled buyers by hiding harmful contaminants, violating trust in a brand tied to ethics and youth empowerment (The Guardian, 2025). The lawsuit claims consumers paid $5–$6 per box, unaware of the risks, and wouldn’t have purchased them otherwise (Top Class Actions, 2025). The case aims to represent millions of buyers nationwide, given the cookies’ massive sales (Food & Wine, 2025).

Summary of Allegations

The lawsuit hinges on a December 2024 study by Moms Across America and GMO Science, testing 25 cookie samples from California, Iowa, and Louisiana. Key allegations include:

  • Heavy Metals: All samples contained at least four of five metals—aluminum, arsenic, cadmium, lead, and mercury. Lead was in 96% of samples, with 76% exceeding EPA cadmium water limits (GMOScience, 2024).
  • Glyphosate: All cookies tested positive for glyphosate, a herbicide linked to cancer and hormone issues. Thin Mints had 111.07 ppb, 334 times higher than recommended by some experts (Conexiant, 2025).
  • False Advertising: The Girl Scouts marketed cookies as safe, despite knowing about contaminants, breaching consumer protection laws (Reuters, 2025).
  • Negligence: Defendants failed to test ingredients or warn consumers, endangering children who sell and eat cookies (The Independent, 2025).

The study found Peanut Butter Patties, S’mores, Caramel deLites, and Toffee-tastic had the highest metal levels, with lead up to 42.5 ppb (Conexiant, 2025). However, the study wasn’t peer-reviewed, used a small sample, and compared results to EPA water standards, not FDA food limits, raising credibility concerns (Forbes, 2025).

Public Reaction

The allegations went viral after Joe Rogan called the cookies “toxic” on his February 2025 podcast, amplifying the study on TikTok and X (USA Today, 2025). Posts on X, like @nypost’s “Girl Scouts sued over heavy metals in Thin Mints” (March 11, 2025), fueled public outrage, though some users questioned the study’s validity (Verywell Health, 2025). The controversy has sparked debates about food safety and trust in iconic brands.

Key Legal Claims

The lawsuit rests on three core legal arguments, each targeting consumer harm and corporate responsibility:

Product Liability

  • Claim: Cookies are “defective” due to unsafe contaminants, violating product liability laws (Justia, 2025).
  • Basis: Heavy metals like lead can cause brain damage in children, while glyphosate is linked to cancer risks (The Guardian, 2025). The lawsuit argues cookies pose a health hazard, especially for kids.
  • Goal: Hold Girl Scouts and bakers liable for distributing unsafe products, seeking damages and recalls (Bakery & Snacks, 2025).

Consumer Protection Violations

  • Claim: Defendants violated New York’s General Business Law (Sections 349, 350) by falsely advertising cookies as safe and high-quality (Top Class Actions, 2025).
  • Basis: Marketing claims like “top-quality ingredients” misled consumers who paid full price, unaware of toxins (Reuters, 2025). The lawsuit calls labels “materially deceptive” for omitting risks.
  • Goal: Secure refunds, damages, and accurate labeling to protect consumers (The Independent, 2025).

Potential Class-Action Elements

  • Claim: The lawsuit seeks class-action status to represent all U.S. cookie buyers from 2021–2025 (Food & Wine, 2025).
  • Basis: With 200 million boxes sold yearly, millions are affected, sharing common claims of deception and harm (NPR, 2025).
  • Goal: Achieve $5 million in damages, plus injunctions for warning labels and testing (The Guardian, 2025).

Quote: “Defendants failed to uphold the ethical standards they teach young girls,” the lawsuit argues (Reuters, 2025).

Applicable Laws

Several federal and state laws govern the girl scouts cookies lawsuit, shaping its legal framework:

U.S. Consumer Product Safety Act (CPSA)

  • Overview: Requires manufacturers to report hazards and ensure product safety (CPSC.gov, 2025).
  • Relevance: If cookies contain harmful levels of lead or glyphosate, they may be a “substantial product hazard,” triggering recalls or warnings (Justia, 2025).
  • Impact: CPSA violations could lead to fines or mandatory disclosures, strengthening the plaintiffs’ case.

New York Consumer Protection Statutes

  • Overview: General Business Law Sections 349 and 350 prohibit deceptive practices and false advertising (FindLaw, 2025).
  • Relevance: The lawsuit claims Girl Scouts’ safety assurances misled buyers, violating these laws (Top Class Actions, 2025).
  • Impact: Proven violations could yield damages up to $1,000 per consumer, plus attorney fees (Reuters, 2025).

FDA Food Safety and Labeling Laws

  • Overview: The FDA sets lead limits in food (2–10 ppb for children’s products) and mandates accurate labeling (FDA.gov, 2025).
  • Relevance: Some cookies exceeded 10 ppb lead, potentially breaching FDA standards, though the study’s EPA comparison weakens this (GMOScience, 2024).
  • Impact: FDA action, like investigations or recalls, could follow if violations are confirmed, though none are active (Newsweek, 2025).

California’s Proposition 65

  • Overview: Requires warnings for products containing chemicals like lead or cadmium above safe levels (OEHHA.ca.gov, 2025).
  • Relevance: Some cookie samples may exceed Proposition 65 thresholds, supporting claims of inadequate warnings (The Guardian, 2025).
  • Impact: Violations could lead to fines or labeling changes, influencing nationwide standards (Verywell Health, 2025).

Note: The study’s reliance on EPA water standards (not FDA food limits) may limit its legal weight, as trace metals are common in food (Forbes, 2025).

Defendants’ Response

Girl Scouts of the USA and their bakers have mounted a robust defense, challenging the lawsuit’s claims:

Official Statements

  • Girl Scouts’ Blog (Feb. 6, 2025): “Girl Scout Cookies are safe to consume and meet FDA and EPA standards. Heavy metals occur naturally in soil, and trace amounts are common in food” (Girl Scouts Blog, 2025).
  • Bakers’ Assurance: Ferrero and ABC Bakers confirm compliance with Global Food Safety Initiative standards, with no health risks at reported levels (The Independent, 2025).
  • Glyphosate Context: Girl Scouts noted glyphosate is “nearly everywhere” in agriculture, not unique to cookies, and safe at low levels (Reuters, 2025).
  • Commitment to Safety: “The health and safety of Girl Scouts and customers is our top priority,” the organization stated (Verywell Health, 2025).

Legal Defense Strategies

  • Study Credibility: Defendants argue the study’s small sample (25 cookies) and lack of peer review undermine its validity (USA Today, 2025).
  • Natural Contaminants: They claim metals and glyphosate are environmental, not added, and within FDA-safe limits (Forbes, 2025).
  • No Proven Harm: The lawsuit lacks evidence of illness or injury, weakening product liability claims (Justia, 2025).
  • Motion to Dismiss: Defendants may seek dismissal, arguing plaintiffs lack standing without direct harm (Reuters, 2025).
  • Ethical Mission: Girl Scouts emphasize their program’s focus on leadership and ethics, denying intentional deception (Food & Wine, 2025).

X Post Insight: @zerohedge tweeted, “Lawsuit Alleges Girl Scouts Sold Cookies Containing Heavy Metals, Pesticides” (March 12, 2025), reflecting public skepticism.

Expert Opinions

Food safety experts, like Darin Detwiler, note heavy metals enter food through soil or processing, not deliberate addition. “Cocoa and wheat in cookies naturally accumulate metals,” he told Well+Good (2025). Toxicologist Jamie Alan added, “Unless you eat massive amounts, there’s no major concern” (Well+Good, 2025). These views support the defendants’ claim that trace contaminants are industry-wide, not Girl Scout-specific.

Potential Outcomes

The girl scouts cookies lawsuit could shape food safety and consumer law in several ways:

Legal Consequences

  • Fines: FDA or CPSA violations could lead to fines up to $100,000 per incident, though none are confirmed (FDA.gov, 2025).
  • Injunctions: Courts may mandate warning labels, ingredient testing, or marketing changes (The Guardian, 2025).
  • Reputational Harm: The lawsuit could erode trust in Girl Scouts’ brand, tied to youth and ethics (Bakery & Snacks, 2025).
  • Supply Chain Impact: Past shortages (2023–2024) due to bakery issues could worsen if production changes are required (Bakery & Snacks, 2025).

Class-Action Settlement or Trial

  • Settlement: Defendants may settle for $5–$15 million, offering refunds, coupons, or testing commitments to avoid trial costs (FindLaw, 2025). Similar cases settled for $2–$50 million (Justia, 2025).
  • Trial: If no settlement, a trial could take 1–2 years, requiring plaintiffs to prove harm and deception (Reuters, 2025).
  • Class Certification: The court must approve class status, needing evidence of widespread impact across millions of buyers (Top Class Actions, 2025).

Implications for the Food Industry

  • Tighter Regulations: The case could push for stricter FDA limits on heavy metals in snacks, like the Closer-to-Zero program for baby food (FDA.gov, 2024).
  • Transparency Push: Consumers may demand clearer labeling, as seen in viral trends (Verywell Health, 2025).
  • More Lawsuits: Success could spark suits against other brands, increasing litigation risks (Bakery & Snacks, 2025).
  • Supply Chain Fixes: Companies must diversify suppliers and test ingredients to avoid shortages or contamination (Bakery & Snacks, 2025).

Consumer Impact: The lawsuit highlights broader food safety concerns, with 81% of Americans exposed to glyphosate via diet (CDC, 2025). Public awareness, fueled by Joe Rogan and TikTok, could shift buying habits (USA Today, 2025).

Similar Cases for Guidance

The girl scouts cookies lawsuit joins a wave of food safety disputes:

Heavy Metal and Toxin Lawsuits

  • Gerber Baby Food (2020–2021): Sued for lead in baby food, violating Proposition 65. Settled for $3 million with testing improvements (The Guardian, 2024).
  • Hershey’s Chocolate (2022): Ongoing class-action suit in New York over lead and cadmium in dark chocolate, citing Consumer Reports (Reuters, 2022).
  • Banza Chickpea Pasta (2023): Moms Across America found glyphosate, prompting lawsuits and public outcry (Verywell Health, 2025).

Consumer Protection and False Advertising

  • Kraft Mac & Cheese (2022): Sued for phthalates in cheese powder, settled with labeling changes for $5 million (USA Today, 2023).
  • General Mills Cheerios (2021): Alleged glyphosate residues, leading to $2 million settlement and sourcing disclosures (Reuters, 2021).
  • Lindt Chocolate (2024): Class action over undisclosed heavy metals, ongoing in California (Top Class Actions, 2024).

Product Liability Precedents

  • Blue Bell Ice Cream (2015): Listeria outbreak led to $12 million in settlements and recalls after lawsuits (Justia, 2016).
  • Tylenol Autism Claims (2021–2023): Alleged prenatal acetaminophen exposure caused autism, settled for $50 million (FindLaw, 2025).
  • Nestlé Cookie Dough (2019): E. coli contamination resulted in recalls and $8 million settlements (Justia, 2020).

These cases show how lawsuits drive recalls, labeling changes, and stricter testing, offering a roadmap for the Girl Scouts case.

What Consumers Should Know

The girl scouts cookies lawsuit raises questions about food safety. Here’s how to stay informed and protected:

  • Understand Risks: Trace heavy metals are common in food, but high levels (e.g., lead >10 ppb) can harm kids (FDA.gov, 2025). Moderation is key.
  • Check Labels: Look for transparent brands with clear ingredient lists, though metals may not be disclosed (Verywell Health, 2025).
  • Report Issues: Use the FDA’s MedWatch portal or local health departments to report suspected food hazards (FDA.gov, 2025).
  • Consult a Lawyer: If you suspect harm from contaminated products, a product liability lawyer can evaluate claims (Justia, 2025). Typical fees range from $100–$500/hour, with contingency options (30–40% of settlement).
  • Stay Updated: Monitor court updates or FDA recalls via FoodSafety.gov. No recall exists for Girl Scout cookies as of June 2025 (Newsweek, 2025).
  • Support Safely: Buying cookies funds Girl Scout programs, but ask troops about safety measures if concerned (Girl Scouts Blog, 2025).

The girl scouts cookies lawsuit has rocked a century-old tradition, raising tough questions about food safety and trust. Allegations of heavy metals and pesticides in Girl Scout cookies challenge the brand’s ethical mission, especially since kids sell these treats. While the 2024 study has flaws, the legal battle could force changes in how food companies handle contaminants. Consumers and legal professionals should watch for court rulings, FDA actions, or settlements in 2025–2026. If you’ve bought cookies or worry about product safety, a product liability lawyer can guide you. Contact one for a free consultation today. Share your thoughts below, and stay tuned for updates!

Sources

  • The Guardian: “Girl Scout Cookies Contain Heavy Metals, Lawsuit Alleges” (theguardian.com, 2025)
  • Reuters: “Girl Scouts Sued Over Heavy Metals in Cookies” (reuters.com, 2025)
  • Forbes: “Girl Scouts Sued Over Alleged Heavy Metals” (forbes.com, 2025)
  • USA Today: “Girl Scouts Hit with Lawsuit Over Toxins” (usatoday.com, 2025)
  • Newsweek: “Girl Scout Cookies Accused of Contamination” (newsweek.com, 2025)
  • The Independent: “Girl Scouts Pushed Back on Heavy Metal Allegations” (independent.co.uk, 2025)
  • Bakery & Snacks: “Heavy Metal Lawsuit Could Crumble Girl Scouts” (bakeryandsnacks.com, 2025)
  • Girl Scouts Blog: “Update on Cookie Safety” (blog.girlscouts.org, 2025)
  • GMOScience: “Danger in the Dough: Toxic Contaminants in Cookies” (gmoscience.org, 2024)
  • Top Class Actions: “Girl Scouts Class Action Lawsuit” (topclassactions.com, 2025)
  • Food & Wine: “Girl Scouts Sued Over Cookie Contamination” (foodandwine.com, 2025)
  • Verywell Health: “Should You Worry About Heavy Metals in Cookies?” (verywellhealth.com, 2025)
  • Justia: “Product Liability and Consumer Protection Laws” (justia.com, 2025)
  • FindLaw: “Class Action Lawsuits Overview” (findlaw.com, 2025)
  • FDA.gov: “Food Safety Standards and Lead Limits” (fda.gov, 2025)
  • CPSC.gov: “Consumer Product Safety Act Overview” (cpsc.gov, 2025)
  • NPR: “Girl Scout Cookies Revenue” (npr.org, 2025)
  • Conexiant: “Toxic Metals, Glyphosate Found in Girl Scout Cookies” (conexiant.com, 2025)
  • Well+Good: “Are Girl Scout Cookies Dangerous?” (wellandgood.com, 2025)
  • OEHHA.ca.gov: “Proposition 65 Overview” (oehha.ca.gov, 2025)
  • CDC: “Glyphosate Exposure Statistics” (cdc.gov, 2025)

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