Schiff seeks answers on DOJ closure of Abbott baby formula probe
9 reported3 unconfirmed
Senator Adam Schiff has launched a congressional inquiry into the Justice Department’s decision to close a criminal investigation into Cronobacter bacterial contamination at an Abbott Laboratories baby formula plant. In a July 8 letter to acting Attorney General Todd Blanche, Schiff questioned why senior DOJ officials did not follow prosecutors’ advice to pursue felony charges against the company and executives. The Justice Department confirmed receiving the letter. Federal prosecutors had recommended felony charges, supported by assistant attorney general Tysen Duva, but senior DOJ leadership ordered the case closed. The DOJ is instead pursuing a civil settlement under the False Claims Act, which a senior DOJ official said was “the best mechanism to achieve accountability.” Schiff pointed to the company’s representation by Kirkland & Ellis, which had a pro-bono deal with the administration, and asked whether Blanche personally reviewed the case. Blanche is scheduled to appear before the Senate Judiciary Committee on July 15 for his confirmation hearing.
What’s reported
Senator Adam Schiff sent a July 8 letter to acting Attorney General Todd Blanche about the DOJ’s closure of a criminal investigation into Cronobacter contamination at an Abbott Laboratories baby formula plant.
Federal prosecutors recommended felony charges against Abbott and several executives, supported by assistant attorney general Tysen Duva, but senior DOJ leadership ordered the case closed.
The DOJ is working on a civil settlement under the False Claims Act; a senior DOJ official said a civil resolution was “the best mechanism to achieve accountability, deterrence and protection of the public.”
The official added that Abbott’s plans for a possible new $1 billion facility in Ohio played no role in the decision to drop the criminal investigation.
In 2022, Abbott recalled several powdered formula brands including Similac after consumer complaints; the FDA said five infants were hospitalized and infections “may have contributed to death in two patients.”
Abbott stated that no unopened, distributed formula tested positive for Cronobacter, and that the FDA confirmed in March 2022 that unopened product from homes tested negative.
Abbott also said that in March 2023, Cronobacter was found on breast pump parts in one infant’s home.
Schiff questioned the DOJ’s decision, citing court filings that accused Abbott of lying to regulators about manufacturing conditions.
Schiff asked Blanche whether he personally reviewed the case; Blanche is scheduled for a confirmation hearing on July 15 before the Senate Judiciary Committee.
Open questions
Why senior DOJ leadership overruled prosecutors’ recommendation to pursue felony charges.
Whether acting Attorney General Todd Blanche personally reviewed the case.
Details of the civil settlement under the False Claims Act, which have not been made public.
Key figures
Senator Adam Schiff (California Democrat)
Acting Attorney General Todd Blanche
Tysen Duva, assistant attorney general of the Justice Department’s Criminal Division
Abbott Laboratories (company)
Kirkland & Ellis (law firm representing Abbott)
Sources: CBS News
