Manufacturer Pulls Tainted Baby Formula Off Shelves

Bacterial infection concerns prompted the maker of Enfamil ProSobee Simply Plant-Based Infant Formula to recall over 145,000 cans of formula.

Targeted cans have the Universal Product Code 300871214415 and an expiration date of March 1 of 2023.

In a statement, the company said the formula “went through extensive testing and tested negative for the bacteria.” It also blamed an unnamed “third party” for the danger. Nevertheless, it issued the recall due to “a possibility of cross-contamination with Cronobacter sakazakii.”

Bacterial Infections

Some bacterial infections, like hospital staph infections, are dangerous and life-threatening for almost everyone. Other bacterial infections, such as Cronobacter sakazakii, are only dangerous to vulnerable people, like infants. Cronobacter can live in dry foods such as herbal teas, starches, powdered milk, and other dry food. Contrary to popular myth, dry foods aren’t sterile. In fact, contamination is relatively common, especially at busy manufacturing facilities. A single worker with unwashed hands could contaminate well over 145,000 cans of baby formula.

Cronobacter also lives on home surfaces, like countertops. Placing a scoop on a contaminated surface, and then using that contaminated formula scoop, could taint the entire can.

Home contamination is relatively easy to prevent. Most cleaners and antibiotics almost instantly kill most bacteria. Be mindful of home surfaces and keep them clean.

The extra effort is worthwhile, especially if a young infant is in the house. Rare Cronobacter infections are often life-threatening in newborns. Infections in infants usually occur in the first days or weeks of life.

These germs often cause blood infections (sepsis infections). They also inflame the linings surrounding the spinal cord and brain (meningitis). Those most likely to get sick include:

• Children less than 2 months old,

• Premature infants, and

• Young children with compromised immune systems, perhaps from cancer or other serious illness treatments.

Infantile Cronobacter sakazakii generally begins with fever, poor feeding, excessive crying, and/or lethargy. Some infants may also have seizures. Babies who show such symptoms should immediately see doctors. Bacterial infections spread quickly, especially if the victim is a small child or someone else with a low body mass.

Voluntary Product Recalls A New York personal injury attorney forces companies to go the extra mile and truly protect consumers, even if such protection lowers their precious profits. Furthermore, product recalls, whether they are early or late, do nothing to compensate tainted formula and other defective product victims. More on the claims process below.

Additionally, federal regulators do not have the power to recall dangerous products. Generally, these regulators can only apply public pressure and hope the company voluntarily recalls a dangerous product, or at least warns consumers about the elevated risk.

Unsafe Product Claims

When unsafe products cause injuries, compensation for these injuries is available in court. Depending on the facts of the case, a New York personal injury attorney has several legal options in these situations, including:

• Defective Product: In most states, manufacturers are strictly liable for the injuries their defective products cause. The issue could be a manufacturing defect or a design defect, which could occur anywhere in the manufacturing, shipping, or distribution process. Some courts require victims/plaintiffs to prove a reasonably safe alternative was available in design defect claims.
• Failure to Warn: Companies have a duty to warn consumers about elevated risks, like a medicine’s dangerous side effects. The warning must be proportional to the danger and in a language that consumers understand. A breach of duty is negligence.
• Unreasonably Dangerous Activity: UDA is a theory between strict liability and negligence. In most states, companies that participate in unreasonably dangerous activities, like mining, are held to a higher standard of care.
• Public Nuisance: Lawyers often use this theory in widespread disaster cases, like the opioid epidemic and the 1990s tobacco lawsuit.

All four kinds of unsafe product claims are very complex. The good news is that substantial compensation could be available for these claims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are usually available in these claims as well.

Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer, contact Napoli Shkolnik. We do not charge upfront legal fees in these matters and only recover a fee when we win your case.