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 hospitalized with botulism, said Sunday 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.”
ByHeart, Walmart and Whole Foods didn’t immediately respond to requests for comment. Target declined to comment.
The Centers for Disease Control and Prevention has said 51 babies given ByHeart formula over the last two years have been hospitalized 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.
Health agencies are still working to figure out what caused the botulism outbreak linked to ByHeart’s formula.
The Food and Drug Administration sent Target and Walmart letters 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.
