Baby Formula Lawsuit

Quick Answer

You may be able to take legal action if your child was harmed by some cow’s milk-based formula and milk fortifier products. Enfamil™ and Similac® recalled several baby formula products due to their increased risk of necrotizing enterocolitis (NEC), a serious and potentially deadly intestinal disease, in premature or low birth-weight children who are not fed breast milk. Learn more about filing a baby formula lawsuit.

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List of Baby Formulas That May Cause NEC

There are several cow’s milk-based formulas and human milk fortifier products that may cause NEC in premature infants.

Complications from NEC may include:

  • Enfamil™ (manufactured by Mead Johnson & Company)
  • Similac® (manufactured by Abbott Laboratories)

It is important to note there are no recalls on these products at this time. However, there is evidence these infant formula products are toxic and can greatly increase the occurrence of NEC in premature babies.

In March 2024, an Illinois jury awarded $60 Million to the family of a child who passed away after developing NEC from Mead Johnson’s Enfamil™ formula.

NEC often develops in the first two weeks of life of preterm infants who are formula fed and not currently breastfeeding. Because premature children have underdeveloped immune and digestive systems, these toxic baby formula products can increase the risk of NEC.

Unfortunately, the manufacturers failed to inform the public that these products could be potentially dangerous to newborns. Enfamil and Similac have not implemented any changes to their formula recipes, packages, warning labels, marketing, and more.

Although these products have not been recalled today, that does not mean they are safe to use. They could be recalled at a later date. You can still take legal action if your child developed NEC from these cow’s milk-based products.

Who Can File a Baby Formula Lawsuit?

If your child developed NEC from a cow’s milk-based formula or milk fortifier product, you may be able to file a toxic baby formula lawsuit.

You may be able to take legal action if your baby was:

  • Born prematurely or had a low birth weight
  • Diagnosed with necrotizing enterocolitis (NEC)
  • Fed milk-based formula and/or milk fortifier

Filing a baby formula lawsuit may seem difficult, but a product liability lawyer at a specialized law firm can help ensure your lawsuit is filed correctly.

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Did your child develop NEC from a cow’s milk-based formula or milk fortifier product?

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What Is Necrotizing Enterocolitis (NEC)?

Necrotizing enterocolitis (NEC) is a severe intestinal disease common in premature babies.

NEC occurs when small or large intestinal tissue is inflamed or injured. If the inflammation worsens, a hole (perforation) can develop in the baby’s intestinal wall.

The intestines of children with NEC cannot hold waste, so bacteria can get into the abdomen or bloodstream of the child. NEC can vary in severity but severe cases can lead to life-threatening infection or even death.


According to Children’s Hospital Los Angeles, NEC affects 1 to 5% of babies in neonatal intensive care units (NICU).

Necrotizing Enterocolitis Symptoms

Although each case is different, there are several signs of NEC to keep an eye out for in your preterm or low-birth-weight child.

Some common NEC symptoms include:

  • Constipation
  • Dark, bloody stools
  • Feeding issues
  • Green-colored vomit from bile
  • Low blood pressure
  • Low energy
  • Pauses in breathing
  • Red, swollen belly
  • Slow heart rate

If your child was born premature or had a low birth weight and is showing any symptoms of NEC, contact a doctor immediately.

There are several health complications associated with NEC that can pose a serious threat to a baby’s health. Some of these complications may even result in death if left untreated.

Complications from NEC may include:

These complications can be life-threatening. It is critical to get timely treatment to ensure the safety of your baby.

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How to File an NEC Baby Formula Lawsuit

If you believe your child developed NEC from baby formula, you may be eligible to take legal action.

Getting a free case review is the first step in filing a toxic baby formula lawsuit. An experienced lawyer will be able to see if your family qualifies to take legal action.

A product liability lawyer can help you:

  • Gather evidence to support your claim
  • File your baby formula NEC lawsuit
  • Negotiate with the defendant to get maximum compensation
  • Represent you in a court of law

A lawyer will be able to handle your baby formula lawsuit for you, making the process easier on your family. Your baby formula attorney will do everything to ensure your claim is as strong as possible so you can focus on caring for your child and getting treatment for NEC.

Take Legal Action for NEC Today

Parents trusted they were feeding their baby safe formula when they used Enfamil and Similac products. Unfortunately, manufacturers hid the risks of their cow-milk formula products to continue making profit.

NEC can be very serious and potentially fatal to premature or low-birth-weight babies. The chances of developing this life-threatening intestinal disease are much higher when using these products.

If you or a loved one had a premature or low-birth-weight child that developed NEC after being fed cow’s-milk based formula or milk fortifier, you may be able to take legal action.

Contact our team to learn more about filing a toxic baby formula lawsuit.

Baby Formula Lawsuit FAQs

Which baby formula has a lawsuit?

Many parents have taken legal action and filed lawsuits against Enfamil and Similac.

These brands manufactured cow’s milk-based formula and milk fortifiers that could pose an increased risk of NEC to premature and low-birth-weight babies.

NEC can be serious and sometimes life-threatening. Those who have used products that result in NEC may be able to file an infant formula lawsuit by working with a personal injury lawyer

Is necrotizing enterocolitis (NEC) fatal?

It can be fatal depending on the baby’s condition. There are several serious complications that can be caused by NEC, such as intestinal scarring, intestinal strictures, brain damage, abdominal infections, and sepsis.

If you think your child has NEC, seek medical attention right away to treat the issue as soon as possible to potentially avoid these complications.

Have there been any recalls on toxic baby formula?

No. As of March 2022, there have been no recalls for baby formula products linked to NEC. Although there are no active recalls for these products, there’s still a risk of harm.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
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  3. Necrotizing enterocolitis (NEC): What is it, causes & treatment. Cleveland Clinic. (n.d.). Retrieved March 7, 2022, from
  4. Necrotizing enterocolitis. Children's Hospital Los Angeles. (2018, October 16). Retrieved March 7, 2022, from
  5. Shulhan, J., Dicken, B., Hartling, L., & Larsen, B. M. K. (2017, January 17). Current knowledge of necrotizing enterocolitis in preterm infants and the impact of different types of enteral nutrition products. Advances in nutrition (Bethesda, Md.). Retrieved March 7, 2022, from