Abbott Laboratories Infant Formula Contained Cronobacter Sakazakii Class Action

Abbott Laboratories, which does business as Abbott Nutrition, is a company that was founded 130 years ago and that is a major player in the market for infant formula. However, the complaint for this class action alleges that it made and sold infant formula products that were contaminated with Cronobacter sakazakii and possibly also Salmonella.

Two classes have been defined for this action:

• The National Class for this action is all consumers who bought a contaminated product in the US or its territories, between April 1, 2021 and the present, for personal use or consumption.
• The Illinois Class is all consumers who bought a contaminated product in Illinois, between April 1, 2021 and the present, for personal use or consumption.

Abbott sells a number of types of powdered infant formula, including Similac, Alimentum, and EleCare. On February 17, 2022, the Food and Drug Administration (FDA) announced it was investigating these products after customers complained about contamination with Cronobacter sakazakii and Salmonella Newport. It warned consumers not to buy the products.

Cronobacter bacteria, the complaint alleges, if ingested, “can cause severe, life-threatening infections (sepsis) or meningitis (an inflammation of the membranes that protect the brain and spine).” It can be very serious for infants. The complaint alleges, “The mortality rate for Cronobacter meningitis may be as high as 40%.”

The problem was traced to an Abbott facility in Sturgis, Michigan. The complaint alleges that inspections by the FDA “establish a pattern of [Abbott’s] disregard of reasonable, responsible industry practices, as well as applicable statutes and regulations” relating to the making, processing, packing, and holding of the formulas.

For example, the complaint alleges that an FDA Form 483 dated September 24, 2021 found that the building was not kept in a clean and sanitary condition and that those working with the formula, its raw materials, and the equipment and utensils did not wash their hands as required after their hands might have been soiled or contaminated. An Establishment Inspection report of the same period said that Cronobacter had been found in two batches of product as well as in environmental samples.

The complaint claims, “Abbott took no action for nearly five months after it learned about the first reported illness, potential contamination issues at the Sturgis Facility, and the FDA inspection which indicated that there were serious noncompliance issues at the Sturgis Facility.” According to the complaint, the company has not explained why it waited so long and did not warn consumers about the products made in that facility.

Article Type: Lawsuit
Topic: Consumer
Tags: Contaminated with Harmful Substances, Contamination During Preparation or Use, Deceptive Advertising, Deceptive Labels, Negligent Misrepresentation