Schiff launches inquiry into DOJ’s closure of probe into Abbott Labs over bacterial contamination at baby formula plant
Schiff Questions DOJ Closure of Abbott Formula Probe
Schiff launches inquiry into DOJ s closure – California Senator Adam Schiff is initiating a formal congressional investigation. He wants to understand the reasoning behind the Justice Department’s choice to terminate a lengthy criminal inquiry. This probe focused on Cronobacter bacterial issues at an Abbott Laboratories facility responsible for baby formula production in Michigan.
The inquiry letter arrived at the Department of Justice on July 8. Schiff addressed it to acting Attorney General Todd Blanche. The senator expressed concern that felony charges were not pursued despite recommendations from prosecutors. He questioned whether cases involving risks to vulnerable infants remain a priority for the department.
“Under your management, DOJ does not consider a case involving deadly risks to medically sensitive infants, after a recommendation of a felony charge, to be worthy of criminal prosecution,” Schiff wrote in his letter.
Background of the Investigation
The investigation stemmed from a major recall in 2022. Similac and other Abbott brands were pulled from shelves following reports of infant illnesses. The FDA stated that five babies were hospitalized and two deaths may have been connected to the contamination. Abbott maintained that no unopened distributed formulas tested positive for the bacteria.
Testing revealed that four open containers showed results. Three tested negative while one contained two strains. One strain matched an infant’s infection, though neither strain originated at the Sturgis plant. Abbott later discovered that Cronobacter had been present on breast pump parts in one household.
Prosecutors within the Justice Department advocated for felony charges. Assistant Attorney General Tysen Duva supported this position. However, senior department leadership ultimately decided to close the criminal case. A civil settlement under the False Claims Act was announced publicly on May 12.
The civil resolution includes what officials described as a significant monetary penalty. Department representatives indicated that civil action remains the most appropriate mechanism for addressing the violations. Officials also clarified that plans for a billion-dollar Ohio facility did not influence the closure decision.
Under the Food, Drug and Cosmetic Act, counterfeit or adulterated goods are prohibited. The law permits misdemeanor charges under strict liability standards. Historically, the Justice Department has emphasized felony prosecutions for serious violations. The False Claims Act case alleges that Abbott misrepresented manufacturing conditions to federal and state agencies.