Recalled ByHeart Infant Formula is still for sale in Michigan, which is against the law, according to the Michigan Department of Agriculture and Rural Development (MDARD). The formula has been found for sale at distressed food handlers locations across the state. Those locations include discount, salvage, or outlet stores that sell food removed from traditional supermarkets usually due to issues such as being near expiration dates, dented cans, damaged packaging, or overstock.
All of the ByHeart Formula products were recalled when an infant botulism outbreak was linked to those items. ByHeart found Clostridium botulinum in the whole milk powder used to make the formula.
Jennifer Bonsky, Human food Director, said in a statement, “Keeping our infants safe and healthy is paramount. Our inspectors have addressed these critical safety issues with specific retailers and distributors where problems have been found.”
There is no uniform tracking system for sales of reclaimed products, so the agency is asking that all surplus food, distressed food, or food reclamation stores make sure that these products are not for sale. If these ByHeart products are on their shelves, they must be immediately removed from sale and destroyed.
The ByHeart outbreak is over, after sickening at least 48 infants in 17 states. The case count by state is: Arizona (5), California (12), Idaho (2), Illinois (2), Kentucky (1), Massachusetts (2), Michigan (1), Minnesota (3), North Carolina (2), New Jersey (1), Ohio (1), Oregon (3), Pennsylvania (1), Rhode Island (1), Texas (8), Virginia (1), Washington (2), and Wisconsin (1). All infants were hospitalized and treated with BabyBIG®, the FDA-approved treatment for this infection developed by the California Department of Health.
If you have any of this infant formula in your home, get rid of it. If you have fed your child some of this formula recently, watch for the signs of infant botulism, which can take a few weeks to appear. If they do develop these symptoms, see your doctor immediately.
If your child has been sickened with an infant botulism food poisoning infection, please contact our experienced attorneys for help with a possible lawsuit at 1-888-377-8900 or text us at 612-261-0856. Our firm represents clients in lawsuits against grocery stores, restaurants, and food processors.
