Last month I said about the Botulism Outbreak (that had at that time ‘only’ sickened 13 – now 51 and rising) linked to ByHeart Infant Formula:

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

‘This company potentially faces an existential crisis,’ he said. 

ByHeart officials didn’t respond to questions about the new lawsuits but said they would ‘address any legal claims in due course.’”

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

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

Why?  Because, as I said weeks ago, ByHeart “faces an existential crisis.”  It has limited insurance (which is being eroded by its own attorneys) and has limited corporate assets.

ByHeart has had its product recalled from the date it first produced it – 2022.  

ByHeart is no longer producing infant formula, and never will.  

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

Retailers, that sold infant formula will need to step up – morally and legally – to help these families.

These lawsuits will help that.