Abbott and DoJ settle federal lawsuit over contaminated infant formula

Company agrees to pay almost $385 million without admitting fault

September 14, 2026

The US Department of Justice (DoJ) and Abbott Laboratories have agreed to settle a federal lawsuit that was filed by the DoJ in November of 2025.

The lawsuit alleged that Abbott had “…caused government programs to purchase powder infant formula manufactured at the Sturgis facility despite the products’ failure to meet statutory, regulatory, and contractual requirements.”

In its November 2025 filing, the DoJ alleged that the company

  • failed to maintain its Sturgis, Michigan facility in a clean and sanitary condition
  • knowingly operated deteriorated major manufacturing equipment (spray dryers)
  • failed to validate key manufacturing processes
  • failed to maintain adequate testing records and failed to investigate positive results
  • avoided testing for the presence of microorganisms
  • failed to disclose to the FDA that the Sturgis facility had a recurring presence of microorganisms and failed to disclose positive test results to the FDA
  • falsely certified compliance with statutory, regulatory, and contractual requirements for WIC powder infant formula manufactured at the Sturgis facility

On February 17, 2022, the FDA issued a warning to consumers not to use multiple Similac, Alimentum, or EleCare powdered infant formulas in response to reports of four illnesses among infants who had been fed the indicated products. Abbott initiated a voluntary recall of the products and suspended production pending the outcome of an FDA investigation.

The complaints spanned a period of time from September 6, 2021 to December 18, 2021, and were reported from Minnesota (1), Ohio (1) and Texas (2). Three of the infants were infected with Cronobacter sakazakii, and one with Salmonella Infantis. One of the infected infants died.

During its follow-up investigation of the company’s Sturgis manufacturing facility, the FDA uncovered multiple serious violations of good manufacturing practices, which were included in the DoJ’s list of allegations (see above).

In May 2022, the FDA and Abbott entered into a consent decree designed to allow Abbott to resume production under the close supervision of the FDA.

In its news release announcing the settlement agreement with Abbott, the DoJ took a victory lap while also summarizing some of the many maintenance and production flaws in general terms.

“Today’s settlement is a victory for American families and makes clear the safety of our children is not negotiable,” said Acting Deputy Attorney General Trent McCotter.  “Abbott will pay a substantial sum to resolve serious allegations it violated federal health and safety requirements designed to protect babies. The Justice Department will act decisively against anyone who puts American families at risk and ensure misconduct carries serious consequences.”

“No company should be gambling on the health and safety of our Nation’s infants by allowing unsanitary conditions to persist at a facility manufacturing baby formula,” said Associate Attorney General Stanley E. Woodward, Jr. “The Department will hold accountable bad actors that knowingly misrepresent compliance with essential health and safety standards designed to protect American families.”

 “It is critical that infant formula manufacturers adhere to regulatory and contractual requirements to ensure that the products they manufacture are safe for the babies who consume them,” said U.S. Attorney Timothy VerHey for the Western District of Michigan. “This settlement demonstrates our commitment to holding manufacturers accountable when the United States pays for noncompliant products.”

“Parents rely on companies like Abbott Laboratories to responsibly follow the rules and ensure their products – especially baby formula – are safe. USDA OIG remains vigilant against those that would compromise public health and safety by failing to comply with legal standards and put infants at risk,” said USDA Inspector General John Walk.  “This behavior is inexcusable and will not be condoned.”

Abbott’s news release disclaimed any finding of fault or liability and made no reference to the numerous violations documented during the FDA’s 2022 investigation and listed in the DoJ’s 2025 complaint.

Instead, while not denying the presence of Cronobacter sakazakii in its production environment, the company took pains to state that the strains of Cronobacter sakazakii found in the Sturgis production environment were different from the strains recovered from the sick infants, and that “no unopened, distributed Abbott infant formulas have ever tested positive for Cronobacter sakazakii.”

Abbott’s statement also underlined that other producers of powdered infant formula have reported “Cronobacter-related findings” in their manufacturing facilities, and that Cronobacter is found naturally in the environment.

Most of the money from the settlement agreement ($348,700,868) will go to the federal government to resolve allegations under the False Claims Act. The remaining $36,298,172 will be distributed to certain States for claims settled by their State Medicaid and WIC programs.


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FDA issues new compliance measures for infant formula testing and reporting

This report by Coral Beach first appeared in Food Safety News and is reposted here with permission.


In response to the infant formula supply crisis in 2022 and the deadly infections that led to it, the FDA has updated its infant formula compliance program.

An outbreak of Cronobacter infections in five infants, two of whom died, started in the fall of 2021 and stretched into early 2022. Abbott Nutrition initiated a recall of Similac infant formula powder and other brands in February 2022. The recall led to a nationwide shortage and left parents driving for hours in search of formula for their babies.

During its investigation, the Food and Drug Administration found Cronobacter contamination in Abbott’s production plant in Sturgis, MI. The agency also discovered that the company had tested product and received positive outcomes for Cronobacter, which Abbott had not reported to the FDA.

In May 2022, after grueling congressional hearings, FDA officials launched an internal investigation that included review of issues raised by a whistleblower complaint. The new compliance program is in response to that investigation. The program covers FDA investigators, laboratory analysts, and compliance officers. 

“The infant formula compliance program is designed to comprehensively outline the agency’s approach for inspections, sample collection, sample analysis, and compliance activities to help ensure that infant formula products in the U.S. food supply are safe and nutritious,” according to a statement from FDA.

“The FDA has now published its updated compliance program, which builds on lessons learned over the last several years to elaborate on our approaches for inspections, sampling, laboratory analysis, and imported infant formula products.”

Going forward, to be in compliance entities must follow updated instructions for annual environmental sampling at powdered infant formula production facilities. Those sampling tests must include Cronobacter and Salmonella. If testing shows either of the pathogens the FDA must be notified. The agency also must be notified if testing shows nutrients that are above or below required levels per the FDA’s infant formula regulation.

The compliance program also includes instructions for how product or environmental positives identified during records reviews should be immediately escalated to the appropriate subject matter expert within the Human Foods Program at the Food and Drug Administration.

Additional background on the risks associated with Salmonella and Cronobacter in infant formula products, and the conditions that could lead to environmental contamination within the manufacturing facilities, is included in the updated compliance program. 

In addition, it further elaborates on new infant formula related requirements that were included in the Food and Drug Omnibus Reform Act of 2022.

All updates related to the FDA’s oversight of infant formula can be found on the FDA’s Infant Formula webpage.


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Recalls and Alerts: October 18-19, 2022

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United States

OUTBREAK INVESTIGATION UPDATE: FDA issues weekly update of in-progress foodborne illness outbreak investigations.

Allergy Alert: Albertsons Companies recalls ReadyMeals Chicken Salad Quad and Chicken Salad Sandwich Club Tray products prepared in store at certain Albertsons and Safeway stores due to undeclared cashews. Please refer to the recall notice for a complete list of affected products.

Allergy Alert: Hammond’s Candies recalls Hammond’s Salted Caramel Cookies (5-oz; Best by  6/29/2023A; UPC 6 91355 89889 5) due to undeclared peanuts.

Canada

Food Safety Recall: Goldenway Import and Export recalls Enoki Mushroom (200g; Product code YH22081713013; Date coe 2022.10.31; UPC 6 950319 388815) due to Listeria monocytogenes contamination. The recalled product was sold in British Columbia and Manitoba and may have been distributed in other provinces and territories.

Food Safety Recall: Abbott Laboratories Co. recalls Pedialyte Unflavored (59 mL; Lot 34589N200) due to possible defective seals.

Europe

OUTBREAK INVESTIGATION NORWAY: The Norwegian Institute of Public Health is investigating an outbreak of Listeria monocytogenes involving four confirmed cases and one suspect case in individuals ranging in age between 50 and 90 years old. All four of the confirmed victims are hospitalized. Following interviews with outbreak victims who reported having eaten smoked salmon or smoked trout from the same manufacturer, an inspection of the manufacturing facility revealed the outbreak strain in environmental samples. Please see recall details below.

Allergy Alert (France): COOPERATIVE U recalls Langoustine cuite cal. 20/30 pêche Atlantique Nord Est / Cooked langoustine from the North East Atlantic fishery, size 20/30 (1kg tray; Lot 220802TD283; Use by 20/10/2022) due to undeclared sulphur dioxide.

Allergy Alert (UK): Lidl GB recalls Birchwood 2 Breaded Katsu Kiev (260g; Use by 24 October 2022) due to undeclared milk.

Food Safety Recall (Belgium): Lima Bio Food BV recalls Lima brand Galettes fines de riz complet / Thin brown rice cakes (130g; Lot R22182B; Best before 02/07/2023) due to elevated aflatoxin levels.

Food Safety Recall (Belgium): CONTINENTAL BAKERIES HAUST recalls Carrefour BIO brand Galettes 4 céréales / 4-grain thin cakes (Lots H22154J and H22153J; Best before 04/06/2023 and 03/06/2023) due to elevated levels of mycotoxins.

Food Safety Recall (Belgium): Carrefour recalls Carrefour brand Cacahuètes grillées au miel / Honey-roasted peanuts (125g; Lots 1114039 and 113976; Best before 22/03/2023 and 17/03/2023) due to foreign matter contamination (metal).

Food Safety Recall (France): MONOPRIX recalls Monoprix brand Jambon cuit supérieur avec couenne / Superior cooked ham with rind (All Lots; Use by 17/ 10/2022) due to Listeria monocytogenes contamination.

Food Safety Recall (France): BCT 500 recalls SAUCISSON CUIT À L’AIL FUMÉ / Cooked sausage with smoked garlic (210g; Lot U271047; Use by 30/10/2022 & 04/11/2022) due to Salmonella contamination.

Food Safety Recall (France): LE FROMAGER DES HALLES recalls LA PERELLE brand Petit Pont l’Evêque cheese (240g; Lot 030922LI5; Use by 17/11/2022) due to E. coli contamination.

Food Safety Recall (France): HENRI RAFFIN recalls LE PETIT SAVOYARD brand BRINDILLES NATURES / Pure pork dry sausage (240g; Lot 22772006; Best by 02/01/2023) due to foreign matter contamination.

Food Safety Recall (France): DROME ARDECHE TRADITION recalls Drôme Salaisons brand Pâté en croûte cocktail aux Amandes / Cocktail pâté with almonds in pastry shell (400g; Lot 2222713; Use by dates between 03/11/2022 and 06/11/2022) due to possible Listeria monocytogenes contamination.

Food Safety Recall (France): DROME ARDECHE TRADITION recalls Drôme Salaisons brand Pâté en croûte cocktail aux Noix / Cocktail pâté with nuts in pastry shell (400g; Lot 2222724; Use by dates between 02/11/2022 and 03/11/2022) due to Listeria monocytogenes contamination.

Food Safety Recall (France): DROME ARDECHE TRADITION recalls Drôme Salaisons brand Pâté en croûte cocktail aux Pistaches / Cocktail pâté with pistachios in pastry shell (400g; Lot 2222724; Use by 02/11/2022) due to Listeria monocytogenes contamination.

Food Safety Recall (France): DROME ARDECHE TRADITION recalls Drôme Salaisons brand Pâté en croûte cocktail aux Olives noires / Cocktail pâté with black olives in pastry shell (400g; Lot 2222713; Use by dates between 30/10/2022 and 06/11/2022) due to Listeria monocytogenes contamination.

Food Safety Recall (France): CARREFOUR FRANCE recalls Carrefour BIO brand Galettes riz complet / Brown rice cakes (100g; Lots H22151J & H22152J; Best before 01/06/2023 & 02/06/2023) due to possible aflatoxin contamination.

Food Safety Recall (France): CARREFOUR FRANCE recalls Carrefour BIO brand Galettes 4 céréales / 4-grain cakes (100g; Lot H22154J; Best before 04/06/2023) due to possible aflatoxin contamination.

Food Safety Recall (France): CARREFOUR FRANCE recalls LE MARCHE CARREFOUR brand MERGUEZ VERITABLES BOEUF MOUTON / Genuine mutton & beef merguez sausage (330g 6-pack; Lot C2285324; Use by 22/10/2022) due to possible Salmonella contamination.

Food Safety Recall (France): VENG MY HUAT NGOC XUYEN SAIGON recalls NGOC XUYEN SAIGON brand BANH CUON / Vietnamese ravioli (Use by 19/10/2022) due to Listeria monocytogenes contamination.

Food Safety Recall (Germany): Lima Natuurvoeding BV recalls Lima brand Reiswaffeln Dünn / Thin rice cakes (130g; Lot R22182B; Best before 02/07/2023) due to aflatoxin contamination.

Food Safety Recall (Germany): frostkrone Tiefkühlkost GmbH recalls la finesse MAC ‘N‘ CHEESE CUBES (250g; Best before 30.07.2023, 30.08.2023, 30.09.2023, 30.10.2023) foreign matter contamination (plastic).

Food Safety Recall (Italy): Motta S.R.L. recalls Sapori di cascina brand Prosciutto cotto alta qualita’ / Superior cooked ham (150g; Lot 223467; Use by 20-10-2022) due to Listeria monocytogenes contamination.

Food Safety Recall (Italy): Borges Agricultural & Industrial Nuts, S.A. recalls Sol & Mar brand Mandorle fritte con zucchero, miele e sale / Roasted almonds with sugar, honey and salt (150g; Lots 1114186, 1114407 & 1114543; Use by 05/04/2023, 02/05/2023 & 19/05/2023, respectively) due to possible foreign matter contamination (metal).

Food Safety Recall (Italy): Cooperativa Produttori Latte e Fontina soc. coop. a r.l. recalls Pascoli Italiani brand Fontina DOP cheese (250g; Lot C252105286; Use by 11.11.2022) due to shigatoxin-producing E. coli contamination.

Food Safety Recall (Luxembourg): Auchan recalls Lima brand Galettes de riz 100% / 100% rice cakes (Best before 02/07/2023) due to aflatoxin contamination.

Food Safety Recall (Norway): Troll Salmon AS recalls multiple batches of smoked salmon and smoked trout due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a complete list of affected products. See also the Outbreak Investigation notice, above, for information on the reason for the recall.

Food Safety Recall (Spain): Manufacturer recalls multiple brands and varieties of fried nuts due to possible foreign matter contamination (metal). Please refer to the recall notice for a complete list of affected products.

Food Safety Recall (UK): Charlie Bigham’s recalls Charlie Bigham’s Vegetable Lasagne for 1 (365g; Batch code 5033665214326; Use by 24 Oct 2022) and Charlie Bigham’s Vegetable Lasagne for 2 (730g; Batch code 5033665212568; Use by 24 Oct 2022) due to foreign matter contamination (plastic).