Class action filed over recalled Similac baby formula

Michelle Massey Sep. 27, 2010, 1:39am


A day after the makers of Similac issued a recall on infant formula, a federal class action was filed accusing the manufacturers of unfairly and deceptively promoting the product as having safe ingredients for infant consumption when the ingredients may cause diarrhea and other health problems.

Kathleen A. Brandner, individually and on behalf of her minor child, filed the class action lawsuit against Abbot Laboratories Inc. and Sam's East d/b/a Sam's Club on Sept. 23 in federal court in New Orleans.

Brandner and the proposed class are represented by Michael Brandner Jr. of Brandner Law Firm in Metairie and Stephen S. Kreller of The Kreller Law Firm in New Orleans.

Defendant Abbott announced a recall on Similac powder products on Sept. 22, as the products could contain pieces of beetles and beetle larvae.

Although the FDA has determined the beetles pose no immediate health risks, Abbott states there is a possibility that the tainted formula could cause gastrointestinal discomfort and cause babies to refuse to eat.

The lawsuit accuses the defendant of failing to properly exert quality control measures to ensure that the formula was safe for consumption and that it did not contain beetle particles.
Abbott and Sam's Club are accused of negligence, strict liability, intentional misrepresentation, negligent misrepresentation, breach of express warranty, breach of implied warranty of merchantability and fitness for particular purpose and unjust enrichment.

The Jefferson Parish mother is asking the court to prevent the defendants from continued misrepresentation and other negative conduct with regard to the Similac products.

On behalf of the proposed class, Brandner is seeking an award of refunds, general, punitive, consequential and special damages, attorneys' fees, court costs, and pre and post-judgment interest.

U.S. District Judge Sarah S. Vance is assigned to the case.

Case No. 2:10cv03242

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