{"id":6204,"date":"2023-02-20T19:22:17","date_gmt":"2023-02-20T19:22:17","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=6204"},"modified":"2023-06-16T18:27:59","modified_gmt":"2023-06-16T18:27:59","slug":"abbott-under-investigation-by-sec-and-ftc-for-infant-formula-business","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/abbott-under-investigation-by-sec-and-ftc-for-infant-formula-business\/","title":{"rendered":"Abbott under investigation by SEC and FTC for infant formula business"},"content":{"rendered":"

[et_pb_section fb_built=”1″ _builder_version=”4.16″ global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_row _builder_version=”4.19.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px||||false|false” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||” theme_builder_area=”post_content”][et_pb_text _builder_version=”4.20.4″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px|25px|25px|25px|false|true” hover_enabled=”0″ global_colors_info=”{}” theme_builder_area=”post_content” sticky_enabled=”0″]<\/p>\n

Abbott is being investigated by the Securities and Exchange Commission, as well as the Federal Trade Commission, in relation to their infant formula business, the company disclosed in a new SEC filing.<\/p>\n

Abbott said in a filing Friday that they received a subpoena from the SEC’s Enforcement Division in December 2022 requesting “information about its powder infant-formula business and related public disclosures.”<\/p>\n

In January, Abbott “received a civil investigative demand” from the FTC seeking information in connection with the agency’s investigation of companies that bid for infant formula contracts with the federal Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) program through USDA.<\/p>\n

Abbott’s disclosure of these inquiries come after the Justice Department had already launched a criminal investigation into Abbott’s infant formula manufacturing conduct, a source familiar with the matter told ABC News, after contamination concerns triggered a massive recall and shutdown at their Sturgis, Michigan, plant last year.<\/p>\n

An Abbott spokesperson told ABC News they are “cooperating with the government investigations.”<\/p>\n

An FTC spokesperson declined to comment to ABC News on Saturday.<\/p>\n

ABC News has also reached out to the SEC for comment and have not yet heard back.<\/p>\n

The discovery of Cronobacter sakazakii bacteria inside Abbott’s Sturgis plant prompted a massive voluntary formula recall last February, after four babies who had consumed Abbott’s formula contracted a Cronobacter infection. Two of the infants subsequently died, although Abbott maintains there has not been conclusive evidence that its formula caused the infant illnesses, since none of the Cronobacter strains found at their plant matched the two samples genetically sequenced from the sickened infants.<\/p>\n

Ultimately, it was the combined findings of Cronobacter inside Abbott’s plant — along with operational deficiencies identified by federal investigators and consumer complaints — which led to the plant’s closure.<\/p>\n

After inspecting Abbott’s Sturgis facility last year, FDA chief Dr. Robert Califf described the “shocking” and “egregiously unsanitary conditions” investigators had found.<\/p>\n

“Standing water; cracks in the key equipment that present the potential for bacterial contamination to persist, particularly in the presence of moisture; leaks on the roof; a previous citation for inadequate hand washing,” Califf testified before Congress in May. “Many signs of a disappointing lack of attention to the culture of safety, in this product that is so essential to the lives of our most precious people.”<\/p>\n

Abbott’s recall ricocheted across American groceries and families’ pantries, exacerbating an already mounting supply issue, and forcing families to scramble for what their babies needed for months.<\/p>\n

During the height of the severe shortage last May, the FTC had already launched an inquiry into the formula crisis, probing potential unfair and illicit enterprises which may be exploiting parents’ desperation amid the crisis.<\/p>\n

The news of these latest inquiries into Abbott also follows the recent health expert analysis which called out major formula companies, Abbott included, for “exploitative” marketing and aggressive lobbying practices.<\/p>\n

Read the full article at ABC News<\/a><\/p>\n

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Abbott is being investigated by the Securities and Exchange Commission, as well as the Federal Trade Commission, in relation to their infant formula business.<\/p>\n","protected":false},"author":4,"featured_media":4766,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"\n

A verdict has been reached in the first of many cases involving military members getting defective hearing protection.<\/p>\n\n\n\n

\u201cThere (are) 250,000 individual lawsuits filed at this point in the Northern District of Florida,\u201d said Bryan Aylstock from the Aylstock, Witkin, Kreis and Overholtz law firm in Pensacola. They are the firm that is taking the lead in all of these individual suits against 3M, the manufacturer of the Combat Arms version 2 ear plugs that were used by the military from 2002 to 2015.<\/p>\n\n\n\n

The plaintiffs in the cases are military members who have suffered hearing loss. The first of those cases has just ended with a verdict against 3M in federal court.<\/p>\n\n\n\n

\u201cSo, it was three soldiers, all of whom served this country honorably and used these Combat Arms earplugs and suffered hearing damage\" said Aylstock. \"Collectively they received a little bit more than $7.1 million, which is a tremendous verdict. A lot of that was punitive damages, where the jury found by clear and convincing evidence that 3M\u2019s conduct as it relates to these ear plugs was reprehensible and deserved to be punished. And also a message needed to be sent to others, including 3M, who might try to do this in the future, that this is not an acceptable way to conduct your business.\u201d<\/p>\n\n\n\n

This is the first lawsuit in what is called mass-tort litigation, which is different than a class-action suit, where all plaintiffs are represented in one law suit. There are two more already on the docket before Judge Casey Rodgers, Chief U.S. District Judge for the Northern District of Florida in Pensacola.<\/p>\n\n\n\n

\u201cThere\u2019s a panel called The Judicial Panel for Multi-District Litigation, and it determined a couple of years ago that Pensacola was the appropriate forum to conduct all of the pretrial activities for all of the cases of this nature.\u201d<\/p>\n\n\n\n

3M has already settled with the U.S.military for over $9 million, so the mass-tort litigation is only between the company and individual military members, both active duty and veterans. Aylstock fully expects this verdict to be appealed.<\/p>\n\n\n\n

\u201cIt will be appealed, and we feel confident that all of the pretrial rulings that Judge Rodgers made, and the trial rulings were appropriate, and the appellate court will also find that they were appropriate.\u201d<\/p>\n\n\n\n

Since the verdict there have been no talks of settlement with 3M, so the trials and appeals will continue. Aylstock says he doesn\u2019t know how many rulings for the plaintiffs would bring 3M to the settlement table. Said Aylstock, \u201cIt will be as many as it takes.\u201d<\/p>\n\n\n\n

The second trial is set to begin on Monday. <\/p>\n\n\n\n

<\/p>\n\n\n\n

Written By:<\/strong>
Bob Barrett
May 13th, 2021
Source<\/a>



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