(Dec 23): Target Corp, Whole Foods Market and Walmart Inc will be added as defendants in lawsuits against baby formula maker ByHeart for selling a product potentially contaminated with spores that cause infant botulism.
Bill Marler, a prominent foodborne-illness attorney who is suing ByHeart on behalf of families whose babies were hospitalised with botulism, said Sunday (Dec 21) he plans to add the grocery store chains to the lawsuits this week.
“ByHeart likely is insolvent and will likely go bankrupt — sooner or later,” Marler wrote in a blog post. “Retailers that sold infant formula will need to step up — morally and legally — to help these families. These lawsuits will help that.”
Target, Walmart and Whole Foods declined to comment.
The Centers for Disease Control and Prevention has said 51 babies given ByHeart formula over the last two years have been hospitalised with infant botulism. None have died from the potentially fatal infection, which starts with constipation and difficulty swallowing and can lead to paralysis, problems breathing and weeks in the hospital.
ByHeart is cooperating with authorities to determine what caused the contamination, the company said in a statement. Once the investigation is complete, it plans to “take the necessary actions so ByHeart can resume production and confidently produce infant formula that sets a new standard for safety,” according to the statement.
See also: Saks mulls bankruptcy year after raising billions for turnaround
The Food and Drug Administration sent Target and Walmart letters on Dec 12 directing the stores to improve their efforts to clear shelves of the recalled products. The agency found ByHeart formula on store shelves in numerous states more than a week after the company recalled all of its formula on Nov 11.
Walmart issued a sales restriction for ByHeart products on Nov 11 and no sales were made after, according to a company spokeswoman.
Uploaded by Arion Yeow
