
Case Overview
Formula feeding may be a great option for some infants. However, for premature or low weight babies, feeding them cows-milk based formula can come with certain risks. While feeding a pre-term infant formula can result in faster growth, it nearly doubles the baby’s chances of developing necrotizing enterocolitis (NEC) — a severe, sometimes fatal, abdominal disease.
Key takeaways about the dangers of formula feeding
- Evidence suggests that formula-fed babies are at greater risk than breastfed infants of experiencing certain adverse health effects. This may be because premature babies have under-developed gastrointestinal tracts, making it more difficult to digest formula versus breast milk.
- Premature babies who consume formula may experience NEC, a serious gastrointestinal condition that can be fatal.
- Parents of formula-fed babies who develop NEC are filing lawsuits against formula manufacturers Abbott Laboratories and Mead Johnson.
Why people are concerned about baby formula risks
Many people are rightfully concerned about formula feeding’s long-term effects on babies. Baby formula can be a valuable and life-saving option, but parents and caregivers should understand the risks associated with any product they might choose to give their children.
The dangers of formula feeding can be severe for preterm babies. These dangers include respiratory tract infections, brain development issues, and serious gastrointestinal diseases like necrotizing enterocolitis (NEC).
The dangers and symptoms of NEC
NEC is a severe gastrointestinal condition mainly affecting premature infants. NEC causes intestinal tissue to become inflamed and die. NEC can also create a hole in the intestine that bacteria leaks through, leading to severe infection. Surgery may be required to remove the affected intestine.
Symptoms indicating a child may have NEC include:
- Abdominal pain and swelling
- Abnormalities in blood pressure, body temperature, breathing and heart rate
- Bloody stools
- Diarrhea
- Failure to gain weight
- Fatigue
- Green- or yellow-colored vomit
- Unwillingness to eat
To diagnose NEC, a doctor will typically check for a distended abdomen, conduct blood and fecal tests, and order X-rays. Abdominal X-rays might reveal gas around the bowels or abdomen indicating damage or perforation of the intestine. If your baby displays any symptoms of NEC, call your doctor immediately.
Causes of NEC
The causes of NEC aren’t fully known. However, preterm babies have a weaker immune and digestive system that impairs their ability to fight intestinal infections. These babies also have decreased blood flow that harms intestinal tissue and allows bacteria to travel from the intestines to the abdomen.
Some possible causes of NEC related to an immature digestive system include:
- Failure to properly digest food and pass it through the system
- Insufficient blood circulation to the digestive system
- The digestive system’s inability to screen out harmful bacteria
- The absence of a structural barrier to keep out bacteria (this barrier typically matures in an unborn infant 11 to 12 weeks before full-term delivery)
- The digestive system’s inability to secrete biochemical defenses to bacteria
Full-term babies can also get NEC. For those who do, it nearly always happens because they’re already sick or have a low birth weight for their gestational age. NEC can be fatal for both premature and full-term babies.
Why people are suing baby formula brands
Parents of premature and low birth weight infants diagnosed with NEC are filing infant formula lawsuits against the manufacturers of Similac and Enfamil baby formulas. NEC is a gastrointestinal condition that prompts intestinal tissue to die, leading to severe and sometimes fatal infections.
Premature and low birth weight infants are at a greater risk of developing NEC than infants who don’t fall into either of these categories. Parents of NEC-affected babies are filing lawsuits against infant formula manufacturers Mead Johnson (the manufacturer of Enfamil) and Abbott Laboratories (the maker of Similac). These lawsuits allege that Mead and Abbott failed to warn consumers of the increased NEC risk that their cow’s milk-based formulas pose to infants.
The NEC baby formula lawsuits have been consolidated into multidistrict litigation (MDL) 3026 in U.S. District Court for the Northern District of Illinois under Judge Rebecca Pallmeyer. As of November 1, 2024, the MDL had 624 pending cases.
Our medical attorneys are reviewing these allegations. If your child has been affected by NEC after consuming baby formula products, we may be able to help.
Contact a baby formula lawyer
If your baby developed NEC or fell otherwise ill after consuming a recalled cow’s milk-based formula manufactured by Abbott Laboratories or Mead Johnson, you may have a legal claim. Contact medical attorneys Neli Traykova Hines or Carmen Scott via email, or call 1.800.768.4026 for more information.
Brands facing lawsuits
Based on research, the following infant formula products could negatively impact babies’ health:
Abbott Laboratories | Mead Johnson |
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If you fed your baby these or other cow’s milk-based formulas and you believe they’re experiencing a related health issue, speak with your doctor at once.
Infant formula recalls
Bacteria found in certain infant formulas can lead to severe infections. As a result, Abbott has issued several baby formula recalls in the past few years.
February 17, 2022: After numerous complaints of Cronobacter sakazakii and Salmonella Newport bacterial infections, gastrointestinal problems, and at least one fatality, Abbott issued a recall on Similac, Alimentum and EleCare powder formulas with the following lot codes and expiration dates:
- Lot codes with the first two digits 22, 37 or a number in between
- Lot codes containing K8, SH or Z2
- An expiration date of April 1, 2022, or later
February 28, 2022: After an infant who had been fed Similac PM 60/40 tested positive for Cronobacter sakazakii, Abbott recalled the following Similac PM 60/40 products:
- Cans containing lot code 27032K80
- Cases containing lot code 27032K800
October 2022: Abbott recalled certain lots of two-fluid-ounce, ready-to-feed liquid products because the caps on some of the bottles may not have been sealed properly, potentially leading to product spoilage. Recalled lots include:
- Similac Pro-Total Comfort®
- Similac® 360 Total Care®
- Similac® 360 Total Care® Sensitive
- Similac® Special Care® 24
- Similac® Stage 1
- Similac® Water (Sterilized)
- Similac® NeoSure®
- Pedialyte® Electrolyte Solution
Symptoms of Cronobacter or Salmonella infection include bloody urine or stools, grunt-like breathing sounds, jaundice, lethargy, moodiness, refusal to feed, skin rash and unusual movements. If your baby displays any of these symptoms, contact your doctor immediately.
Long-term effects of bottle-feeding
Parents deciding whether to breastfeed or bottle-feed should be aware of research showing that some long-term effects of bottle-feeding may be harmful. Formula-fed infants and those who stop breastfeeding at an earlier age are at higher risk for:
- Allergies
- Celiac disease
- Childhood leukemia
- Crohn’s disease
- Obesity
- Sudden infant death syndrome (SIDS)
- Type 1 diabetes
Baby formula feeding pros and cons
Deciding whether to formula feed is not an easy decision for many parents. Every parent should strive to make an informed decision for their child by weighing the pros and cons of baby formula feeding.
Of course, some parents do not have a choice. In these cases, they should be sure to monitor their infant for signs of NEC and report to their doctor if anything seems wrong.
Formula feeding pros
- Availability: Breastfeeding moms must provide pumped milk or be available for feeding, whereas formula can come from various sources.
- Convenience: Formula is portable, and no private feeding location is necessary (if that is how the mother prefers to feed).
- Flexibility: Unlike breastfeeding moms, those who feed their babies formula don’t have to avoid certain foods that might irritate their baby’s digestive system.
- Freedom: Feeding duties can be shared among two or more people, giving moms more freedom than if they breastfeed. In addition, if there is no parent with breastmilk in the picture, it gives the other parents an option to feed their babies.
Formula feeding cons
- Digestion: Formula is usually harder to digest than breast milk, so breastfed babies may be less constipated and colicky. Or, NEC may develop.
- Cost: Formula is expensive and not affordable for everyone.
- Labor intensity: Bottles must be prepared for each feeding and washed afterward.
- Nutrition: Formula isn’t as easily absorbed into the body as breast milk.
The parents of premature or low birth weight babies should consider other factors, including the increased risk of NEC for their child.
Our toxic baby formula legal experience
If your baby has been diagnosed with NEC after consuming Similac or Enfamil, you may be in a good position to file a baby formula lawsuit.
Motley Rice can assist you in filing a Similac or Enfamil lawsuit, or deciding not to pursue legal action at this time. We have experience helping plaintiffs fight for justice against the manufacturers of defective products.
The firm’s additional experience includes:
- Representing parents whose children have birth defects thought to be caused by medical drugs, including Effexor, Zofran and Zoloft
- Negotiating a $305 million settlement to fund lead paint cleanup and abatement efforts in 10 California communities
- Investigating product liability claims, including injuries caused by consumer goods like hair relaxers
- Negotiating a $600 million settlement for Flint, Michigan, residents that resolved legal claims against the state for allegedly contaminating Flint’s water supply with lead and other harmful substances
If you have a preterm or low birth weight baby who received an NEC diagnosis after taking in a Similac or Enfamil product, an attorney can help you file a baby formula lawsuit.
Key takeaways
Why people are concerned about baby formula risks
Why people are suing baby formula brands
Long-term effects of bottle-feeding
Baby formula feeding pros and cons
Our toxic baby formula legal experience
- Sources
- Abbott. Recall Notice.
- Alemu H, Tesfa H, Anagaw T, Derseh H, Babbel A. Formula Feeding Practice and Associated Factors Among Mothers Who Visited Health Facilities for Their Infants Aged Below 6 Months in Bahir Dar City, Northwest Ethiopia, 2020. International Journal of General Medicine. 2023 Nov 23;16:5515–5526.
- American Pregnancy Association. Breastfeeding vs Bottle Feeding Formula.
- Cleveland Clinic. Necrotizing Enterocolitis (NEC).
- Eunice Kennedy Shriver National Institute of Child Health and Human Development. Necrotizing Enterocolitis (NEC).
- Eunice Kennedy Shriver National Institute of Child Health and Human Development. What causes necrotizing enterocolitis (NEC)?
- Mayo Clinic. Feeding your baby: Breast milk or formula?
- Motley Rice. Toxic Exposure/Baby Formula Lawsuit.
- Munblit D, Crawley H, Hyde R, Boyle R. Health and nutrition claims for infant formula are poorly substantiated and potentially harmful. British Medical Journal. 2020 May 6;369:m875.
- Quigley M, Embleton N, McGuire W. Formula versus donor breast milk for feeding preterm or low birth weight infants. Cochrane Library. 2018 Jun 20;2018(6):CD002971.
- U.S. District Court. Northern District of Illinois. MDL 3026 In Re: Abbott Laboratories et al., Preterm Infant Nutrition Products Liability Litigation.
- U.S. Judicial Panel on Multidistrict Litigation. Pending MDLs.
- WebMD. Breastfeeding vs. Formula Feeding.