A lawsuit made in 2021 against Nirvana Nevermind baby has been dismissed by a US judge.

The baby, Spencer Elden claimed he fell victim to child sexual exploitation after appearing on the cover of Nirvana’s 1991 Nevermind album when he was just 4 months old.

The extremely popular image shows Elden naked in a pool at a very young age. In the lawsuit filed in August by the 30-year-old claimed that he or his legal guardians signed any sort of release to authorise the use of the image and that the cover is sexual abuse.

The lawsuit was accusing Nirvana among other defendants of ‘knowingly producing, possessing and advertising commercial child pornography of Elden, but the Nirvana estate filed a request to dismiss the case.

Spencer’s lawyers however failed to meet the deadline to counter the dismissal on Jan 3rd 2022 and the case was dismissed by Judge Fernando M. Olguin in Central California.

But, Olguin has extended this time ‘with leave to amend’ stating that Elden’s legal team file an opposition by Jan 13th the court will ‘grant defendants’ Motion giving plaintiff a final opportunity to amend his complaint. Nirvana’s estate would then have until Jan 27th to reply.

This ruling was cited by Spin as states, ‘Failure to timely file a Second Amended Complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order.’

Elden has claimed that appearing on the cover of Nirvana’s Nevermind album caused:

‘extreme and permanent emotional distress with physical manifestations’, ‘loss of education, wages’ and ‘enjoyment of life’.

However, according to Nirvana’s lawyers, Elden had spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’.

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