The statute of limitations — the legal deadline for filing a lawsuit — is one of the most important issues in the baby food heavy metals litigation, and also one of the most commonly misunderstood. Many parents assume they have missed the filing window because their child’s diagnosis was years ago or because more than two years have passed since they learned about the contamination. In most cases, this assumption is wrong, for two reasons: the minor tolling doctrine and the discovery rule.

Minor tolling means that the statute of limitations clock is paused while the plaintiff (your child) is under 18 years old. In most states — including California, New York, Texas, Illinois, Pennsylvania, Ohio, Georgia, New Jersey, and Arizona — the clock does not start running against your child until they turn 18, and then the usual 2–3 year period applies. This means a child born in 2017 who was fed contaminated baby food until age 2 has until at least 2037–2040 to file in most states. Florida is the critical exception: Florida’s minor tolling is more limited, and Florida parents with children approaching or past age 8 should consult an attorney immediately.

The discovery rule provides a second layer of protection. Courts in MDL 3101 and state court actions have generally held that the limitations clock for parent-plaintiffs began running no earlier than February 4, 2021 — the date the Congressional report was released — because that is when the contamination was first publicly disclosed. Several defendants have also entered into voluntary tolling agreements with the MDL Plaintiffs’ Steering Committee, further extending the window for registered claimants. Register with an attorney now, even if you believe you may be outside the standard SOL period.