Sen. Schiff Questions DOJ Closure of Abbott Baby Formula Investigation

California Democratic Sen. Adam Schiff sent a letter on July 8 to acting Attorney General Todd Blanche asking why the Justice Department closed a criminal investigation into Cronobacter contamination at an Abbott Laboratories plant that produced baby formula.

" He added that if cases involving risks to premature infants are not a priority, he has questions about what priorities the department considers worthy of pursuing.

A Justice Department spokesperson confirmed receipt of the letter. The inquiry concerns events from 2022, when Abbott recalled several powdered formula brands including Similac after consumer complaints about infant illness linked to its Sturgis, Michigan plant.

The FDA stated in March 2022 that five infants had been hospitalized due to reported bacterial infections which may have contributed to death in two patients.

Abbott stated that no unopened distributed infant formulas tested positive for Cronobacter sakazakii and that the FDA confirmed unopened products from the homes of the infants under investigation tested negative. Federal prosecutors, with support from Assistant Attorney General Tysen Duva, recommended pursuing felony charges against Abbott and several executives, according to sources with knowledge of the matter.

Senior DOJ leadership ordered the criminal case closed.

The department is pursuing a civil settlement with Abbott in a parallel False Claims Act case noted in a May 12 public docket entry. A senior DOJ official stated that a civil False Claims Act resolution was the best mechanism to achieve accountability, deterrence and protection of the public, and that the agreement includes a significant monetary penalty.