Abbott Laboratories makes Similac, Alimentum, and EleCare baby formula, under the name Abbott Nutrition. In February 2022, the company recalled formula that had been made in its Sturgis, Michigan facility because of possible contamination. But the complaint for this class action alleges that Abbott has not credited or replaced any of the products that consumers had already bought and will now have to simply dispose of.
Two classes have been defined for this action:
- The Nationwide Class is all persons who, within the applicable statute of limitations period, bought a recalled product made by Abbott Laboratories.
- The Florida Class is all persons who, within the applicable statute of limitations period, bought a recalled product made by Abbott Laboratories.
On February 17, 2022, the Food and Drug Administration (FDA), together with the Centers for Disease Control and Prevention (CDC), announced that consumers should not buy or use certain of Abbott’s infant formula products.
The announcement came after a number of consumers complaints that indicated that the products were contaminated with Cronobacter sakazakii and Salmonella Newport. The products were traced to Abbott’s Sturgis, Michigan facility.
On the following day, Abbott announced it was recalling some of its infant formula products. The complaint gives the codes that identify the contaminated products. According to the complaint, “These products may contain Cronobacterr sakazakii and Salmonella Newport bacteria, which[,] when consumed, can result in serious adverse health effects, including sepsis, meningitis, poor feeding, irritability, fever, jaundice, grunting breaths, abnormal movements, and bowel damage.”
At first, the FDA announced two deaths and two incidents of illness from the formula products, but the complaint alleges that, between December 2021 and March 2022, the FDA actually investigated 128 consumer complaints about the formula, “including 25 described as ‘life-threatening illness/injury.’”
The FDA investigated the Sturgis facility and found Cronobacter in environmental samples it took from there. According to the complaint, the FDA also found “adverse inspectional observations” and reviewed internal records “which evidenced environmental contamination with Cronobacter sakazakii bacteria.” The complaint alleges that the records showed that Abbott had previously destroyed some product because of contamination with the bacteria.
However, the complaint alleges that Abbott has not done anything to compensate consumers for the product they have had to throw out and repurchase at full price.
The complaint says that the plaintiff in this case “seeks a refund, reimbursement, or replacement of the Recalled Product, including any and all other damages for the injuries they have sustained as a result of Abbott’s defective and contaminated Recalled Products.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Abbott Laboratories No Refunds for Recalled Baby Formula Complaint
July 21, 2022
Abbott Laboratories makes Similac, Alimentum, and EleCare baby formula, under the name Abbott Nutrition. In February 2022, the company recalled formula that had been made in its Sturgis, Michigan facility because of possible contamination. But the complaint for this class action alleges that Abbott has not credited or replaced any of the products that consumers had already bought and will now have to simply dispose of.
Abbott Laboratories No Refunds for Recalled Baby Formula ComplaintCase Event History
Abbott Laboratories No Refunds for Recalled Baby Formula Complaint
July 21, 2022
Abbott Laboratories makes Similac, Alimentum, and EleCare baby formula, under the name Abbott Nutrition. In February 2022, the company recalled formula that had been made in its Sturgis, Michigan facility because of possible contamination. But the complaint for this class action alleges that Abbott has not credited or replaced any of the products that consumers had already bought and will now have to simply dispose of.
Abbott Laboratories No Refunds for Recalled Baby Formula Complaint