Abbott class action alleges baby formula contaminated with salmonella

Abbott class action overview:

• Who: A Florida parent filed a class action lawsuit against Abbott Laboratories, which does business as Abbott Nutrition.
• Why: The lawsuit claims Abbott failed to warn and compensate consumers regarding bacteria contamination in its powdered baby formula products. 
• Where: The class action lawsuit was filed in Illinois federal court.

A Florida parent filed a class action lawsuit against Abbott Laboratories, the maker of powdered baby formulas, for failing to warn consumers about Salmonella Newport and Cronobacter sakazakii contamination and to refund buyers after recalling the contaminated products. 

The complaint follows a February 2022 investigation and public warning by the US Food and Drug Administration (FDA) and US Centers for Disease Control and Prevention (CDC) regarding certain powdered infant formula products produced at Abbott’s facility in Sturgis, Mich. 

Abbott then recalled the potentially contaminated products, which could “result in serious injury, permanent impairment, and even be life-threatening,” but did not offer refunds or replacements. 

DeMarco Dodson leads the class action lawsuit also on behalf of his minor child, who has ingested Abbott baby formula “regularly.” Dodson seeks to represent a nationwide class and a Florida state class of anyone who bought a recalled product within the applicable statute of limitations period.

Dodson brings claims of breach of warranty, negligent failure to warn, negligent recall, violation of Florida trade practice laws, and unjust enrichment against Abbott.

Abbott Class Action Follows FDA, CDC Investigation

The FDA investigation into Abbott’s Sturgis facility stemmed from 128 consumer complaints made between December 2021 and March 2022 regarding Cronobacter sakazakii and Salmonella Newport infections connected to Abbott’s powdered infant formula products, per court documents. When consumed, these bacteria can result in adverse health effects including meningitis, poor feeding, irritability, fever, jaundice, and bowel damage, according to the complaint.

Of the consumer complaints received by the FDA, 25 were described as “life-threatening illness/injury.” The class action also references FDA documents that indicate nine infection-related deaths of children. 

Abbott recall leaves consumers ‘no safe option,’ lawsuit argues

In February 2022, Abbott recalled Similac, Alimentum, and EleCare products where the first two digits of the product are 22 through 37; the code on the container contains “K8,” “SH,” or “Z2;” and the use-by date is April 1, 2022 or later. 

Despite the government warnings and Abbott’s recall, Abbot “is not crediting or replacing affected recalled products, which many parents and caretakers rely on daily to feed and care for their children,” according to the class action lawsuit. 

“Abbott leaves many consumers with no safe option but to pay full price for a newer version,” the complaint argues. 

If you purchased Abbott Nutrition powdered baby formulas, you could be eligible for this class action lawsuit.

The plaintiff is represented by Douglas R. Plymale, et al. of The Dugan Law Firm.

The Abbott Class Action Lawsuit is Dodson v. Abbott Laboratories, Case No. 3:22-cv-01627, in the US District Court for the Southern District of Illinois. 

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