Class action lawsuit filed in Simlac baby formula recall

On September 22 Abbot Laboratories issued a voluntary recall of 5 million containers of baby formula.  The formula in question, Simlac powdered infant formula, is very popular in the U.S. and the recall has upset parents and caregivers across the country.

 

The voluntary recall was issued when Abbot found insect parts in the powdered formula being produced in a Michigan plant.  The insect, known as the ‘warehouse beetle,’ is fairly common and is found in dried grains and other food in offices, warehouses, homes, supermarkets, museums, and other buildings where food is stored.

 

The very next day after the recall was issued, a class action lawsuit was filed in federal court in New Orleans against Abbot Laboratories Inc. and Sam’s East (Sam’s Club).  According to the lawsuit, the defendants are accused of negligence, strict liability, intentional misrepresentation, negligent misrepresentation, breach of express warranty, breach of implied warranty of merchantability and fitness for particular purpose and unjust enrichment.

 

The lawsuit is seeking refunds; general, punitive, consequential and special damages; attorney’s fees and court costs; and pre-and post-judgment interest.

 

In addition, Senator Tom Harkin has initiated an inquiry into why Abbot waited a week after discovering the insect parts before issuing a recall.  Harkin also wants to know if Abbot was aware of complaints about Simlac being received by the FDA.

 

Abbot has issued Simlac baby formula recalls three other times in the last 5 years; in 2005, 2006, and 2007.