Baby Formula Recall: Similac, Alimentum, EleCare Maker Hit with Class Action Lawsuit

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Abbott Laboratories faces a proposed class action in the wake of a voluntary recall of its Similac, Alimentum and EleCare powdered infant formulas, which the U.S. Food and Drug Administration (FDA) announced it was investigating after receiving numerous complaints of infections.

The 11-page lawsuit in Florida alleges Abbott Laboratories is responsible for manufacturing, distributing and/or selling an adulterated food product not fit for human consumption. The suit calls the contaminated powdered infant formulas “defective and unreasonably dangerous,” and claims the plaintiff’s infant daughter developed severe symptoms of infection after consuming one of the tainted products. 

Abbott was obligated to release into the market a product that was “fit for human consumption, that was reasonably safe in construction, and that was free [from] pathogenic bacteria or other substances injurious to human health,” the case argues. 

“Defendant breached that duty,” the suit alleges. 

Abbott voluntarily recalled the powdered infant formulas at issue on February 18, news reports relay. The lawsuit stresses that, per the FDA, consumers should not use Similac, Alimentum or EleCare powdered infant formulas if: 

• The first two digits of the code on product packaging are 22 through 37; and
• The code on the container contains K8, SH or Z2; and
• The product’s expiration date is 4-1-2022 (APR 2022) or later. 

(To check whether the lot number of a powdered infant formula in your possession is included in the recall, head to this page.) 

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On February 17, the FDA announced it was investigating consumer complaints of cronobacter sakazakii and salmonella Newport infections that were believed to be linked to Similac, Alimentum and EleCare formulas produced at Abbott Nutrition’s Sturgis, Michigan facility, the lawsuit relays. According to the case, the FDA advised that reports of four infant illnesses across three states involved the children being hospitalized and that cronobacter may have contributed to death in one case. 

According to the suit, cronobacter bacteria can cause severe, life-threatening infections, such as sepsis, or meningitis, an inflammation of the membranes that protect the brain and spine. Symptoms of sepsis and meningitis can include poor feeding, irritability, temperature changes, jaundice, grunting breaths and abnormal movements, the filing states. Per the case, cronobacter infection can also cause bowel damage and may spread through the blood to other parts of the body. 

Salmonella are a group of bacteria that can cause gastrointestinal distress and fever called salmonellosis, the case continues. Most who come down with salmonellosis develop diarrhea, a fever and abdominal cramps, while severe cases can include aches, headaches, lethargy, a rash, blood in stool or urine, or even death, the lawsuit states.

According to the complaint, the plaintiff’s daughter experienced “overwhelming diarrhea (in excess of 10 times a day),” abdominal pain, severe diaper rash, dehydration, sleeplessness and other symptoms after consuming the tainted Alimentum infant formula. The case asserts that the plaintiff “incurred and will continue to incur” medical expenses, in addition to ongoing “pain, loss of enjoyment of life, emotional distress, and medical problems,” as a result of the contamination of the Abbott-made powdered infant formulas. 

Who does the lawsuit look to cover?

The proposed class action looks to cover individuals who claim to have suffered personal injuries as a result of the consumption of tainted Similac, Alimentum and/or EleCare infant formula. 

How do I join the case? 

When a proposed class action is initially filed, there’s nothing you need to do to “join,” be “added to,” or ensure that you are a part of the case. Learn more about how class action lawsuits work here.

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