A lawsuit cites a report from two non-profits – a science group and holistic parenting group – that found traces of lead and a herbicide in Girl Scout cookies. Does that mean we can’t eat Thin Mints?
Lawsuit filed against Girl Scouts
A New York woman has filed a class action lawsuit against the Girl Scouts after a study about toxic contaminants allegedly found in their cookies went viral on social media.
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Girl Scout cookie season is upon us. But you may have heard some concerning things about the annual treats (Thin Mints, I’m looking at you).
First, a non-peer-reviewed study found Girl Scout cookies purchased in three states contained traces of contaminants known as heavy metals and a widely used herbicide. The study got a lot of attention after popular podcast host Joe Rogan talked about it two weeks ago, calling the cookies “toxic.”
Then, earlier this week came a lawsuit, filed in federal court in New York against the Girl Scouts, citing the study’s findings and seeking at least $5 million in damages for U.S. cookie buyers, and a requirement the cookie packaging be updated to disclose the presence of the substances.
The lawsuit echoes the findings of the study, conducted by non-profit groups Moms Across America in partnership with GMOScience, alleging that Girl Scout cookies contain dangerous levels of heavy metals and pesticides. “Further, independent testing verifies what GMOScience found – that there is the presence of Toxins in the Products,” the lawsuit alleges.
The New York woman who initially filed the class action lawsuit has since dismissed herself. The plaintiffs are now New York residents Danielle Barbaro and Judy Cholewa in the suit originally filed March 10 by Amy Mayo against the Girl Scouts of the USA and cookie makers Ferrero USA’s Little Brownie Bakers and Interbake Foods, also known as ABC Bakers.
Both state in the amended complaint that testing revealed heavy metals as well as the pesticide glyphosate in Girl Scout cookies they purchased. Attorneys for the plaintiffs did not respond to a request for comment from USA TODAY.
What did the study of Girl Scout cookies and heavy metals find?
Moms Across America and GMOScience say they sent 25 cookie samples of 13 different types of Girl Scout cookies from three states (California, Iowa, and Louisiana) for lab testing. The results: all of the cookies contained at least four out of five heavy and toxic metals – including aluminum, arsenic, cadmium, lead, and mercury. Most of the samples (22 out of 25, or 88%, were found to have levels of all five heavy metals, the study found.
Nearly all (96%) tested positive for lead; three-fourths (76%) had levels of cadmium exceeding the Environmental Protection Agency’s recommended limits for cadmium in water, they said.
All of the cookie samples were also positive for high levels of glyphosate, an herbicide typically used to kill weeds, the groups said. “The sale of cookies containing potentially toxic ingredients raises profound ethical and public health concerns,” the groups said.
But the Girl Scouts say the cookies meet “all food safety standards and regulations set forth by the U.S. Food and Drug Administration, the Environmental Protection Agency, and other relevant health authorities,” in a response on the organization’s website.
“These standards ensure that food products are safe for consumption,” the statement said. “As a result, Girl Scout Cookies are safe to consume and are manufactured in accordance with all food safety regulations.”
The Girl Scouts did not respond to a request for additional information from USA TODAY.
The FDA has set some recommended lead levels for babies and young children – and is in the midst of developing similar levels for arsenic, cadmium and mercury – but doesn’t have suggested levels for the general population, instead saying the agency’s goal is to reduce the levels of contaminants such as arsenic, lead, cadmium and mercury in food.
For instance, the FDA’s “action levels” or recommended limits of lead for babies and young children are 10 parts per billion (ppb) in fruits and baby food, and 20 ppb in dry infant cereals. Several of the Girl Scout cookies had levels of more than 10 ppb and three had more than 20 ppb, according to the group’s study.
Are heavy metals commonly found in foods? Why are they concerning?
Heavy metals such as arsenic, cadmium, lead, and mercury are found naturally in the environment, but elevated levels can occur from industrial processes and pollution, the FDA says. The levels found in foods depend on how much a plant or animal “takes up” from the environment, the agency says.
Heavy metals can potentially harm brain development in the womb through early childhood, the FDA says.
- Aluminum: Consumption of aluminum used as a food additive in products such as baking powder and cheese on frozen pizza – and in antacids – is generally considered safe. The average adult in the U.S. eats about 7-9 mg aluminum per day in their food, said the Agency for Toxic Substances and Disease Registry, which is part of the Centers for Disease Control and Prevention. “Everyone is exposed to low levels of aluminum from food, air, water, and soil,” the ATDSR says.
- Arsenic: Arsenic is naturally occurring in nature and used in industrial compounds, which can also get into the environment and foods such as fish, rice and other grains. High exposure can lead to impaired cognitive development in children, as well as cardiovascular disease, diabetes, and cancer, according to the Environmental Defense Fund and American Cancer Society.
- Cadmium: Prolonged exposure is associated with health effects such as bone demineralization, kidney and reproductive dysfunction, cardiovascular disease, and diabetes. A Consumer Reports study in 2023 found cadmium and lead in many dark chocolate products.
- Lead: Because there is no known safe level of exposure to lead, the FDA monitors and regulates levels of lead in foods. Exposure to lead is most serious during brain development – in utero, infancy and early childhood, and can high levels of exposure can lead to learning disabilities, behavior difficulties, and a lower IQ, the FDA says. For adults, chronic lead exposure is associated with kidney dysfunction, hypertension, and neurocognitive effects. Lead in baby food as been a focus of the FDA and lead found in apple cinnamon treats led to recent recalls.
- Mercury: The compound, present in fish, for instance, can be harmful to the brain and nervous system if a person is exposed to too much of it over time.
The FDA did not respond to a request from USA TODAY about whether it was looking into the issue with Girl Scout cookies.
What is glyphosate and why is it concerning?
Glyphosate is a widely used herbicide – RoundUp is one commercial brand, for example – that can kill certain weeds and grasses and is used in farming.
Trace amounts of glyphosate may be found in fresh fruits, vegetables, cereals, and other food and drinks, according to the FDA and the EPA. The agencies say low levels present no risk to human health.
However, some research has suggested increased risk of liver and kidney damage in animals from glyphosate – and an increased risk of non-Hodgkin’s lymphoma among farmers and farm workers exposed to the chemical – while other studies have not found a link, The New York Times reported last month.
Moms Across America and GMOScience say in their report that glyphosate and its byproducts are “responsible for multiple health issues including cancer, endocrine disruption, gut issues, miscarriages, sperm damage, autism, neurotoxicity, and reproductive damage.”
Alright, but can I eat Girl Scout cookies?
Yes, you can, but the Girl Scouts’ argument that their cookies are OK to eat “feels like they’re dodging the point,” consumer protection and environmental attorney Vineet Dubey told USA TODAY.
“It’s very hard for the Girl Scouts to claim that with any certainty. The fact that this batch was sold containing this many contaminants shows they don’t know what’s in their cookies, which is worrisome,” said Dubey, who is part of the Los Angeles-based law firm Custodio & Dubey LLP. “Young children are especially vulnerable to lead, for instance.”
The risk is “generally minimal when consumed occasionally, but for products with higher levels, it’s advisable to limit intake,” he said.
If you are concerned about contaminants, Dubey recommends people avoid the varieties with the most such as Caramel deLites, Peanut Butter Patties, S’mores and Toffee-tastics.
Note to Thin Mint fans: The study tested three samples and the suit tested one. The substances found at the highest levels were lead (findings ranged from about 6 to 12 ppb) and cadmium (13-16 ppb). The FDA’s “action levels” for lead in lead for babies and young children are 10 parts per billion (ppb) in fruits, vegetables and baby food; 20 ppb in dry infant cereals and single-ingredient root vegetables.
Food safety attorney Bill Marler recommends moderation. “If you are eating box after box after box, you probably have an issue,” he said. “If you’re a parent and your kid is six years old, maybe you want to curb how much they’re consuming.”
Fact-checking site Snopes.com deemed: “While it is clear that high exposure to the chemicals found in these tests can potentially cause health issues if consumed in enormous quantities, the levels found within the samples – assuming children aren’t eating 9,000 cookies in a day – are within the safety guidelines as outlined by the FDA, EPA, CDC, and public health experts.”
What are the recommended levels for lead and heavy metals in food?
The FDA has set some recommended lead levels for babies and young children – and is in the midst of developing similar levels for arsenic, cadmium and mercury – but doesn’t have suggested levels for the general population. Instead, the agency says its goal is to reduce the levels of those contaminants in food.
So far, the FDA has issued these recommendations:
While the FDA continues its work to classify heavy metal recommendations, the Girl Scouts should be forthcoming and address the issue, Marler says.
“It strikes me that it shouldn’t be a consumer group that was doing the testing and making it public, he said. “Whoever was manufacturing the cookies for the Girl Scouts should have been doing the testing and being clear to the public as to what the real risks, if any, are.”
Dubey agrees. The organization “should be concerned about the presence of any contaminants, and test multiple batches, nationwide, as part of their production process going forward,” he said. “Consumers trust the Girl Scouts to do the right thing and I hope they do.”
Contributing: Jonathan Limehouse.
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