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Abbott Nutrition Infant Formulas Contaminated with Bacteria Class Action

On February 17, 2022, the Food and Drug Administration (FDA) joined with the Centers for Disease Control and Prevention (CDC) in announcing to consumers that they should not buy or use baby formulas made by Abbott Laboratories at its Sturgis, Michigan facility. Abbott, which does business as Abbott Nutrition, makes the Similac, Alimentum, and EleCare formulas. The complaint for this class action alleges that certain lots of the formulas were contaminated with Cronobacter and Salmonella bacteria.

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 California Class is all persons who, within the applicable statute of limitations period, bought a recalled product made by Abbott Laboratories.

The three Abbott formulas have different usages, according to the complaint: Similac, as described in the complaint, appears to be the formula for general use. The complaint quotes the Similac website as describing Alimentum as being “the #1 infant formula brand fed for cow’s milk protein allergy in the US.” As to EleCare, the complaint describes it as being “for infants who cannot tolerate intact or hydrolyzed protein due to conditions such as severe food allergies or short bowel syndrome.”

The FDA was investigating reports of Cronobacter sakazakii and Salmonella Newport bacteria, which the complaint alleges “can result in serious adverse health effects, including sepsis, meningitis, poor feeding, irritability, fever, jaundice, grunting breaths, abnormal movements, and bowel damage” and even death.

The complaint alleges that, after consuming the tainted formula, four infants, from Minnesota, Ohio, and Texas, were hospitalized and one of them died. The first of these hospitalizations took place on September 6, 2021, and the complaint alleges that all four babies had had formula that was produced in the Sturgis facility.

The FDA inspected the Sturgis facility, and, the complaint alleges, “received several positive Cronobacter results from environmental samples.” The complaint alleges that the company’s internal records “evidenced environmental contaminations with Cronobacter sakazakii bacteria” and also “the destruction of product” at the facility because of the presence of Cronobacter.

The three formula brands have a significant share of the US formula market, and the contaminated lots were distributed to a long list of other countries in Central and South America, the Middle East, China, India, Australia, and New Zealand.

On February 18, the day after the FDA announcement, Abbott recalled formula products bearing certain markings that pertained to the contaminated lots. However, the complaint alleges that Abbott is not refunding or replacing the products that parents bought but cannot now use.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Abbott Nutrition Infant Formulas Contaminated with Bacteria Complaint

March 3, 2022

On February 17, 2022, the Food and Drug Administration (FDA) joined with the Centers for Disease Control and Prevention (CDC) in announcing to consumers that they should not buy or use baby formulas made by Abbott Laboratories at its Sturgis, Michigan facility. Abbott, which does business as Abbott Nutrition, makes the Similac, Alimentum, and EleCare formulas. The complaint for this class action alleges that certain lots of the formulas were contaminated with Cronobacter and Salmonella bacteria.

Abbott Nutrition Infant Formulas Contaminated with Bacteria Complaint

Case Event History

Abbott Nutrition Infant Formulas Contaminated with Bacteria Complaint

March 3, 2022

On February 17, 2022, the Food and Drug Administration (FDA) joined with the Centers for Disease Control and Prevention (CDC) in announcing to consumers that they should not buy or use baby formulas made by Abbott Laboratories at its Sturgis, Michigan facility. Abbott, which does business as Abbott Nutrition, makes the Similac, Alimentum, and EleCare formulas. The complaint for this class action alleges that certain lots of the formulas were contaminated with Cronobacter and Salmonella bacteria.

Abbott Nutrition Infant Formulas Contaminated with Bacteria Complaint
Tags: Breach of warranty, Contaminated with Harmful Substances, Contamination During Preparation or Use, Deceptive Advertising, Deceptive Labels