The U.S. Justice Department has closed its criminal investigation into Abbott Laboratories over a 2022 baby formula recall linked to bacterial contamination. Instead of charges, the DOJ will seek civil penalties. The 2022 recall and closure of Abbott's Michigan plant worsened a nationwide formula shortage. A DOJ spokeswoman said the department does not believe in 'regulation by prosecution'.
Criminal probe closure
- ▪The U.S. Justice Department closed a criminal probe into Abbott Laboratories regarding its baby formula plant linked to bacteria and infant deaths
- ▪Some federal prosecutors believed they had enough evidence to criminally charge Abbott Laboratories before top DOJ decision-makers closed the probe
2022 formula recall
- ▪Abbott Laboratories has stated there was no evidence linking its formulas to reported infant illnesses
- ▪An Abbott spokesman stated that no unopened, distributed infant formulas tested positive for the bacteria that sickened the babies
- ▪In 2022, Abbott Laboratories recalled its infant formula and closed its Michigan plant after investigators found traces of a potentially deadly bacteria
National formula shortage
- ▪The national baby formula shortage had begun with pandemic supply chain issues before the Abbott recall
- ▪The 2022 Abbott plant closure and formula recall worsened an existing national baby formula shortage
Civil penalties decision
- ▪Instead of pursuing criminal charges, the DOJ opted for civil penalties against Abbott Laboratories
- ▪Prosecutors had considered charging Abbott with violating the Food, Drug and Cosmetic Act and misleading the government before the case was dropped
- ▪The civil penalties involve recovering money Abbott Laboratories earned from selling formula through federally funded nutrition programs
DOJ prosecution rationale
- ▪The DOJ spokeswoman also stated that ensuring the safety of the nation's food supply is a 'top priority for the Trump administration'
- ▪A Department of Justice spokeswoman stated the department does not believe in 'regulation by prosecution'
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