Last month I talked about the botulism outbreak (which at the time sickened only 13 people — now 51 and counting) linked to ByHeart infant formula:
“The lawsuits filed Wednesday (early November) may be the first of many legal actions against ByHeart,” said Bill Marler, a Seattle food safety attorney who represents Dexter.
“This company is likely facing an existential crisis,” he said.
ByHeart officials did not respond to questions about the new lawsuits but said they “will address any legal claims in a timely manner.”
Well, there are now at least five federal lawsuits filed in Washington, California, Arizona and Texas.
Those lawsuits will be amended this week to add the stores (Target, Whole Foods, and Walmart) that sold the product to the list of defendants — many of the same retailers that left ByHeart’s product on their shelves.
Why? Because, as I said weeks ago, ByHeart is “facing an existential crisis.” She has limited insurance (which is eroded by her attorney) and has limited corporate assets.
The ByHeart product has been recalled from its first production date – 2022.
ByHeart no longer produces infant formula, and never will.
ByHeart is likely insolvent and will likely go bankrupt – sooner or later.
Retailers who sell infant formula will have to step up – both ethically and legally – to help these families.
These lawsuits will help with that.