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Similac Recall Leads to Class Action Lawsuit

by Christie Haskell on September 29, 2010 at 3:15 PM


The Warehouse Grain Beetle
The Similac formula recall scare is one of many formula recalls, but this one seems to really have gotten to a lot of moms.

As we covered the recall, helping moms identify the rather ambiguous and confusing lot numbers and affected containers, there were a lot of heartbreaking comments from moms who were rightfully upset that the formula they trusted for their baby's health could have something as disgusting as beetles and their larvae mixed in -- despite the reassurance that it was a "common beetle" and that while it could hurt babies' GI tract and they might refuse to eat for a bit, it wasn't of immediate medical concern.

Moms seemed to really disagree with that attitude. I called last week for moms to really step up and tell formula companies that this kind of thing isn't okay, and that's exactly what's happening:

Moms have formed a class-action lawsuit against Similac, and a Senator is questioning the company as well.

...a federal class action was filed accusing the manufacturers of unfairly and deceptively promoting the product as having safe ingredients for infant consumption when the ingredients may cause diarrhea and other health problems.

Seems that moms think GI tract pain and refusal to eat is not okay.

There is a Facebook group set up for moms (and dads and other caretakers) to organize efforts to sue Abbott Industries under the accusations of failing to properly exert quality control measures to ensure that the formula was safe for consumption and that it did not contain beetle particles.

Specific legal terms: 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.

Ouch.

To make matters worse for Similac/Abbott, Iowa's own Senator Tom Harkin, who is also chairman of the Senate Health, Education Labor, and Pensions Committee, has started an inquiry into the reason that Abbot waited a full week after discovering the bugs before they issued a recall, and wants to know if they knew about the complaints the FDA was getting ... and sat on it. He also wants to know if whether or not this is going to cause a shortage of the formula and what they're doing, if anything, to prevent it -- important info for moms whose infants rely on this particular formula. He's given them a generous deadline of October 7 for their response.

Personally, I'm going to support this lawsuit and inquiry in any way I can. I have no grounds to join the lawsuit, but those of you who do, do it! If your child has had any problems, get medical documentation and join these efforts. The biggest changes in infant formula have always come from consumer demand, but usually after something has gone wrong. Hopefully this situation can be used as a stepping stool to demand better procedures, transparency, and safety requirements of all formula companies, for the sake of all babies who drink formula at any time, for any reason.

 

Image via pestproducts


Filed Under: baby health, formula, safety

Comments

14
  • Histo...
    --

    HistoryMamaX3

    September 29, 2010 at 3:50 PM

    Things happen. Yes, when you buy a product you have to always assume that something can happen. It is a companies responsibility to deal with the problems when the come up. This company did NOT handle it in a way that warrents the love and respect our children deserve.

    Good luck to all those involved... and wow, it sure happened fast!


  • tonya...
    --

    tonyalynn

    September 29, 2010 at 4:28 PM

    interesting


  • ethan...
    --

    ethans_momma06

    September 29, 2010 at 4:33 PM

    shouting


  • sstepph
    --

    sstepph

    September 29, 2010 at 5:24 PM

    I'll suport it. Although we've never used formula since he is breastfed, its still really gross and something should be done.


  • Katie...
    -- Facebook comment from

    Katie Aromi Brandner

    September 29, 2010 at 6:21 PM
    Thanks for the great article. My husband filed the class action on my behalf. For more information go to www.brandnerlawfirm.com.
    I'm so excited people want to help make a change!
  • RanaA...
    --

    RanaAurora

    September 29, 2010 at 7:28 PM

    Thanks for the link, Katie!


  • Melis...
    -- Nonmember comment from

    Melissa Ginther

    September 29, 2010 at 7:29 PM
    I am in CA, my child is still having problems because of similac and I have confirmed the last two containers were recalled but who knows how many he ate that I threw away!!! anyone filing suit in CA please contact me or send information... He has another doc appt tomorrow but I wonder, what should the doc be testing for? Help please anyone, just scared of any potential long term effects if we don't figure out the true cause...
  • corin...
    --

    corina3411

    September 30, 2010 at 5:57 AM

    Melissa, I am curious to know what problems your little one is having? My 6 weeks old had finished 4 containers of the contaiminated formula. Now theres not a day that goes by that she doesn't throw up an entire feeding ..Also it seems she has constipation issues. Just wondering if this has anything to do with it.


  • clean...
    --

    cleanaturalady

    September 30, 2010 at 8:44 AM

    Senator Tom Harkin, who is also chairman of the Senate Health, Education Labor, and Pensions Committee, has started an inquiry into the reason that Abbot waited a full week after discovering the bugs before they issued a recall, and wants to know if they knew about the complaints the FDA was getting ... 

    Good for him!


  • SUMME...
    -- Nonmember comment from

    SUMMER BORBOA

    September 30, 2010 at 4:30 PM
    MY 4 MONTH OLD IS LACTOSE INTLERANT NOW I HAVE 2 EMPTY PLASTIC CONTAINERS THAT SHE DRANK MONTHS AGO THAT ARE RECALLED SIMILAC WANTS ME TO RETURN THE EMPTY CONTAINERS THEY WANT TO BUY THEM FROM MEN ANY ONE GOT INFO ON A LAWSUIT IN CALIFORNIA PLEASE EMAIL ME @ SUMMERBORBOA@MSN.COM
1-10 of 14 comments

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