‘Nevermind’ baby refiles child pornography lawsuit against Nirvana
Earlier this month, a judge dismissed the lawsuit filed against Nirvana by Nevermind cover baby Spencer Elden, now 30, who had claimed the image was child pornography and child exploitation. The suit was dismissed "with leave to amend," so Elden and his legal team had until today (1/13) to refile the suit with changes, and sure enough, Rolling Stone reports that they've done just that.
More from Rolling Stone:
Elden, now 30, re-ups his claims that the band — as well Kurt Cobain’s estate, photographer Kurt Weddle, and various record labels — “intentionally commercially marketed the child pornography depicting Spencer and leveraged the lascivious nature of his image to promote the Nevermind album, the band, and Nirvana’s music, while earning, at a minimum, tens of millions of dollars in the aggregate.”
The second amended complaint drops a claim related to sex trafficking. Elden’s prior suit alleged that the defendants did “knowingly benefit from participation in what they know or should know is a sex trafficking venture.”
In December, Nirvana issued a formal response to the original suit, calling it "not serious" and seeking its dismal, noting that Elden had "spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby,'" re-enacting the photograph and using his connection to the band to try to pick up women. They also pointed out that the statute of limitations had expired in 2011, making it too late for Elden to sue.