Nirvana Baby Lawsuit – Part 2
(Photo by Michael Ochs Archives/Getty Images)

The suit against Nirvana filed by Spencer Elden — the baby on the Nevermind cover — is back on.

The case was initially dismissed on January 3rd because Elden’s lawyer failed to respond to Nirvana’s motion to dismiss the case, but the judge gave Elden a deadline of January 12th to respond.

Rolling Stone reports that Elden’s second amended complaint was filed late Wednesday and claims that the band and other parties “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.”

This new complaint drops a claim related to sex trafficking, where the suit alleged that the defendants did “knowingly benefit from participation in what they know or should know is a sex trafficking venture.”