The Similac lawsuit is a class action suit in which the parents of infants that died or were sickened due to tainted Similac baby formula are asking for damages. The lawsuit says that Abbot Labs knew that its infant formula was contaminated prior to releasing a Similac recalled for this contamination. As a result, the Similac case claims, newborn babies suffered serious gastrointestinal health problems after consuming contaminated formula. The main ingredient in the recalled formula is Simethicone, which simulates silicone. The FDA says that the contaminated formula poses no immediate threat to users but has warned that more tests must be conducted to determine whether or not the substance poses a threat later.

Similac Lawsuit

The reason why the FDA ordered Similac to release a warning about Similac was because they found the main ingredient in the recalled product in three of their infant formulas. In a related move, Similac also announced that they would be adding a black flag to all of its products that contain or are designed to contain Simethicone. The FDA says that the addition of this symbol will make all products except for the Early Shield powder infant formula and the Diets For Teens infant formula safer. It is important for these safety assurances to be in place so that potential problems regarding the safety of similar products can be addressed.

The Similac lawsuit follows on the heels of a class-action suit against the company.

The suit was brought by lawyers who claimed that Similac did not provide adequate warnings about Similac baby powder’s potential danger to infants. They also claimed that Similac did not instruct consumers about the dangers of Similac transition formulas, which are used to replace breast milk or other milk sources with Similac. The class-action suit, which was filed in the U.S. District Court in California, named as plaintiffs nine hospitals in twelve states, including two in Ohio. The hospital defendants are Baptist Health System and Medical Center of Northwest Ohio.

The ingredients in Similac infant formulas include artificial coloring, flavourings, sweeteners, stabilizers, fats, lanolin, magnesium stearate, polyoxyethylene, saccharin, sodium benzoate, and silicone dioxide.

Many of the ingredients that manufacturers would typically include are also found in these Similac products, but Similac has avoided putting them in their formulas until recently. For example, saccharin is used in many of Similac’s formulations, but the FDA had previously warned of possible negative health effects from long-term exposure to saccharin. Similac later added the substance benzoate to their infant formulas. Sodium benzoate is thought to have some carcinogenic activity. No published studies have been able to link benzoates to any health risks.

The company also included in their product an ingredient called lanolin. The ingredient is generally used to soften and emulsify milk, but can also be used to protect skin from the drying effects of cleansers and other products. It has been shown to decrease skin sensitivity and dryness, but plaintiffs do not claim that Similac products reduce any of their mobility or ability to function. The company did not include it in their original release of Similac infant formula either.

Similac then added triclosan to their products, a chemical agent that the FDA has advised against using on exposure and human consumption.

According to the FDA, there are no significant safety concerns associated with this chemical. However, plaintiffs insist that this was not included on the labels of their product. They argue that the ingredient is added because it is cheaper to use than other safer preservatives. Similac has not responded to the complaint.

Similac’s defense strategy has been to argue that the plaintiffs’ claims are barred by the statute of limitations.

Specifically, they argue that because the original documents were destroyed as part of the discovery process, there is no way to know if there were any issues regarding the safety of the formulation. This argument is problematic, because whether or not it is a barred by statute of limitations depends on the parties, and the state court that issued the complaint.

Because Similac uses a patented formula, and because of the potential toxicity of its ingredients, Similac will most likely never be able to sell this baby formula to consumers. The lawsuit is currently scheduled for trial in a court in San Diego. If the plaintiffs win, they could recover substantial monetary damages. Similac is also responsible for huge financial losses due to the loss of sales and possible fines. These liabilities could make Similac unable to continue producing infant formula.

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