Publisher’s Platform: Retailers, time for moral and legal responsibility

Last month I talked about the botulism outbreak (13 people “total” sick at the time, now 51 and counting) linked to ByHeart infant formula:

The lawsuits filed Wednesday (in early November) could be the first of many lawsuits against ByHeart, said Bill Marler, a Seattle food safety lawyer representing Dexter.

“This company is potentially facing an existential crisis,” he said.

Representatives for ByHeart did not respond to questions about the new lawsuits, but said they would “address any legal claims in due course.”

Well, there are now at least five federal lawsuits filed in Washington, California, Arizona and Texas.

And this week, those lawsuits will be amended to include as defendants the stores (Target and Whole Foods and Walmart) that sold the product—many of the same retailers that kept the ByHeart product on their shelves.

Why? Because, as I said a few weeks ago, ByHeart is “facing an existential crisis.” He has limited insurance (which is being destroyed by his own lawyers) and limited corporate assets.

ByHeart has recalled its product since it was first manufactured in 2022.

ByHeart no longer makes infant formula and never will.

ByHeart is likely insolvent and will likely go bankrupt sooner or later.

Retailers selling infant formula will have to step up – morally and legally – to help these families.

These lawsuits will help make that happen.