A class action was filed on Tuesday in the Northern District of Illinois against Abbott Laboratories, doing business as Abbott Nutrition. The case is regarding Abbott’s line of infant formula products including Similac, Alimentum and EleCare.
On February 17, the complaint said, the Food and Drug Administration (FDA) as well as the Centers for Disease Control and Prevention (CDC) alerted consumers to avoid purchasing or using certain powdered infant formula products produced at Abbott’s Sturgis, Michigan facility.
The alert was regarding consumer complaints of Cronobacter Sakazakii and Salmonella Newport infections connected with the products. The next day, Abbott commenced a voluntary recall of these products, but the recall thus far has only been for the product themselves, and there has been no offer of replacement or refund of the purchase price to the consumers, the complaint says.
The plaintiff is suing for breach of implied warranty of usability, breach of implied warranty of merchantability, failure to warn, negligent recall, violation of the Pennsylvania unfair trade practices and consumer protection law, and unjust enrichment. The plaintiff is represented by Johnson Becker, PLLC. The lawsuit joins other recent suits against Abbott in connection with the same products.
