Similac Infant Formula Class Action Lawsuit

Friday we told you about a massive recall of Similac baby food formula because some of the containers could be contaminated with beetles and larvae. This morning we’ve learned about the first class action lawsuit to be filed against the manufacturer of Similac, Abbot Laboratories.

According to the Similac infant formula class action lawsuit, Abbot knew, or should have known, that it’s Similac infant formula was contaminated and harmful to infants before it recalled the product, yet it continued to market the product as a safe source of nutrition for infants.

Abbot issued the voluntary recall last week of nearly 5 million containers of its popular Similac infant formula after it discovered some of the product may contain insect parts from a small beetle and its larvae. The FDA says that consuming the contaminated formula poses no immediate health risk to infants, but it could cause digestion problems, including stomach discomfort and refusal to eat as a result of the small insects irritating the GI tract. If the symptoms persist more than a few days, however, a physician should be consulted.

A spokeswoman for Abbot said that subsequent testing of the Similac inventory at the plant where the beetles were found showed that 99.8 percent of the formula was uncontaminated. Parents can visit the Similac Recall 2010 website to look up the lot numbers on their formula containers to see if they’re included in the recall.

The Similac baby formula class action lawsuit is brought on behalf of all persons who purchased any of Abbot’s Similac infant formula and a sub-class of persons who purchased the formula in the states of California, Florida, Illinois, Massachusetts, Minnesota, Missouri, New Jersey, North Dakota, Ohio and Washington. It is seeking class certification and damages, restitution and other relief for class members.

A copy of the Similac baby formula class action lawsuit can be read here.

UPDATE: A second class action lawsuit has been filed against Abbott by a mother in the United States District Court for the Northern District of Illinois. The newest Similac infant formula class action lawsuit is also brought on behalf of all persons who purchased the recalled formula, and includes a sub-class of Illinois citizens who purchased the recalled Similac formula. A copy of the Illinois Similac recall class action lawsuit can be read here.