Sen. Schiff Launches Inquiry Into DOJ Closure of Abbott Formula Case

California Democratic Sen. Adam Schiff is launching a congressional inquiry into why the Justice Department closed a criminal investigation into Cronobacter bacterial contamination at an Abbott Laboratories plant that produced baby formula. In a July 8 letter to acting Attorney General Todd Blanche, Schiff asked why senior DOJ officials overruled prosecutors who recommended felony charges against the company and several executives.

He added that if cases involving risks to premature infants are not enforcement priorities, he has questions about what matters the DOJ does consider worthy of pursuit. A Justice Department spokesperson confirmed receipt of the letter. The inquiry centers on a 2022 recall of powdered formula brands including Similac after reports of infant illness linked to Abbott's Sturgis, Michigan plant.

Abbott said no unopened distributed product tested positive for Cronobacter sakazakii and noted that unopened samples from the homes of affected infants also tested negative. Federal prosecutors sought felony charges with support from Tysen Duva, assistant attorney general of the Criminal Division, according to sources with knowledge of the matter.

Senior DOJ leadership instead ordered the case closed.

The department is pursuing a civil settlement in a parallel False Claims Act case that includes a significant monetary penalty, a senior DOJ official told CBS News. The official said Abbott's possible $1 billion Ohio facility played no role in the criminal decision. In a February 2026 filing, DOJ lawyers accused Abbott of repeatedly lying to USDA and state agencies about manufacturing conditions.