Schiff Probes DOJ Decision To Drop Abbott Criminal Baby Formula Case
Sen. Adam Schiff on July 8, 2026 launched an inquiry into the Justice Department's decision to close a long-running criminal probe of Abbott's Sturgis, Michigan, infant formula plant.[1]
Schiff's July 8 letter asks Acting Attorney General Todd Blanche for documents and a timeline about why senior DOJ leaders overruled line prosecutors who favored felony charges.[1] Career prosecutors and Criminal Division official Tysen Duva supported pursuing felony charges, but senior DOJ leadership ordered the case closed and pursued a civil False Claims Act settlement with a significant monetary penalty.[1]
In February 2022 the FDA investigated reports of infant Cronobacter infections tied to powdered formula from the Sturgis plant and Abbott voluntarily recalled multiple Similac, Alimentum and EleCare products.[1] CDC investigators said four infants became ill and two died, and inspectors found Cronobacter on equipment and other sanitation problems at the facility.[1]
The Justice Department's Consumer Protection Branch opened a criminal investigation in January 2023 that lasted more than three years.[1] Line prosecutors had urged charges under the Food, Drug, and Cosmetic Act and a count for misleading the government, according to reporting.[1] In late June 2026 senior DOJ leaders decided to close the criminal case and direct resolution through a civil False Claims Act settlement instead.[1]
Schiff said the department owes the public an explanation and asked Blanche to produce internal communications, witness interviews and a timeline that show who made the decision.[1]
The mainstream summary does not mention the rarity of criminal prosecutions under the Food, Drug, and Cosmetic Act, which represent only a minuscule fraction of 1% of FDA inspections. This context highlights the unusual nature of the case and raises questions about the decision to close the investigation despite line prosecutors' recommendations for felony charges. The CDC typically receives only 2-4 reports of severe Cronobacter infections in infants annually, which underscores the severity of the situation surrounding the Abbott case, as 76 reports were received from January 2002 to July 2022, indicating an alarming spike in incidents linked to the Sturgis plant. These statistics suggest that the public health implications were significant enough to warrant serious consideration of criminal charges, a point that the mainstream coverage downplayed.
Additionally, social media discussions reveal concerns about the timing of Abbott's donations coinciding with the DOJ's shift from a criminal to a civil resolution, framing it as a matter of accountability rather than a straightforward legal decision. This perspective suggests a potential conflict of interest or influence that the mainstream summary does not address, leaving readers without a complete understanding of the motivations behind the DOJ's actions. The inquiry led by Schiff aims to clarify these dynamics, emphasizing the need for transparency in the decision-making process regarding such critical public health issues.
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📊 Relevant Data
CDC typically receives 2-4 reports of severe Cronobacter infections in infants annually, with 76 such reports received from January 2002 to July 2022.
About Cronobacter Infection — Centers for Disease Control and Prevention
Criminal prosecutions under the Food, Drug, and Cosmetic Act are rare, representing only a miniscule fraction of 1% of FDA inspections.
Enforcement of the Food, Drug, and Cosmetic Act — Congressional Research Service
📌 Key Facts
- On July 8, 2026, Sen. Adam Schiff sent a letter to acting Attorney General Todd Blanche launching an inquiry into DOJ’s closure of a criminal investigation into Abbott’s Sturgis, Michigan, infant formula plant.
- Sources told CBS that career prosecutors and Criminal Division official Tysen Duva supported pursuing felony charges, but senior DOJ leadership ordered the case closed.
- DOJ is negotiating a civil False Claims Act settlement with Abbott, which a senior official says will include a significant monetary penalty and was deemed preferable to criminal prosecution.
📰 Source Timeline (1)
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