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Abbott Nutrition Formula Contaminated at Manufacturing Facility Class Action

Abbot Laboratories, Inc., doing business as Abbott Nutrition, makes three brands of baby formula, Similac, Alimentum, and EleCare. In February 2022, the company recalled certain lots of the three brands, following consumer complaints alleging the formulas were contaminated with Cronobacter and Salmonella bacteria. The complaint for this class action brings suit against the company, asking for money lost by those who have bought the contaminated formulas and not been reimbursed for them.

Three possible classes (or a class and two subclasses) have been proposed for this action:

  • The National Class is all persons in the US who, during the fullest period allowed by law, bought any of Abbott’s contaminated infant formulas, for personal use and not for resale, within the US.
  • The Kentucky State Class is all persons in Kentucky who, during the fullest period allowed by law, bought any of the products, for personal use and not for resale, within Kentucky.
  • The Multi-State Class is all persons in Kentucky or a state with similar laws who, during the fullest period allowed by law, bought any of the products, for personal use and not for resale, within that state.

Abbott purports to make safe and healthy products. The complaint quotes the Abbott Nutrition website as saying, “Every day, our team of passionate scientists and experts works hard to discover and develop nutrition products that better life for people of all ages” and “We make products to help babies and children grow, that work to keep bodies strong, and that support the unique nutritional and therapeutic needs of adults.”

The complaint calls Abbott “the number one seller of pediatric nutrition products” and claims that the company markets its Alimentum and EleCare formulas as appropriate for babies with “pre-existing health conditions or severe food allergies[.]”

The first recent case of Cronobacter occurred in Minnesota in September 2021, the complaint says, and alleges, “Abbott knew about the ongoing risk of contamination and related noncompliance issues at its Sturgis Facility, and Abbott should have initiated a product recall and taken other preventative measures in September of 2021. Instead, [Abbottt] waited a full five months before it decided to recall the products…”

Further incidents occurred, the complaint alleges, and eventually five infants in three states had been hospitalized, with one of the babies dying.

On February 17, 2022, the Food and Drug Administration (FDA), along with the Centers for Disease Control and Prevention (CDC), announced an investigation into all three brands, following consumer complaints alleging the formulas were contaminated with Cronobacter and Salmonella bacteria.

After that, the company issued its first recall of its formulas. The complaint alleges that, in conjunction with this recall, “Abbott announced that it had found evidence of Cronobacter sakazakii in the non-product contact areas” of its Sturgis, Michigan facility. Later that month, a second product recall followed.

The counts include negligence, strict liability—products liability, and violations of state consumer protection laws, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Abbott Nutrition Formula Contaminated at Manufacturing Facility Complaint

March 4, 2022

Abbot Laboratories, Inc., doing business as Abbott Nutrition, makes three brands of baby formula, Similac, Alimentum, and EleCare. In February 2022, the company recalled certain lots of the three brands, following consumer complaints alleging the formulas were contaminated with Cronobacter and Salmonella bacteria. The complaint for this class action brings suit against the company, asking for money lost by those who have bought the contaminated formulas and not been reimbursed for them.

Abbott Nutrition Formula Contaminated at Manufacturing Facility Complaint

Case Event History

Abbott Nutrition Formula Contaminated at Manufacturing Facility Complaint

March 4, 2022

Abbot Laboratories, Inc., doing business as Abbott Nutrition, makes three brands of baby formula, Similac, Alimentum, and EleCare. In February 2022, the company recalled certain lots of the three brands, following consumer complaints alleging the formulas were contaminated with Cronobacter and Salmonella bacteria. The complaint for this class action brings suit against the company, asking for money lost by those who have bought the contaminated formulas and not been reimbursed for them.

Abbott Nutrition Formula Contaminated at Manufacturing Facility Complaint
Tags: Contaminated with Harmful Substances, Contamination During Preparation or Use, Deceptive Advertising, Deceptive Labels, Negligence, Strict Product Liability—Strict Liability