Botulism Lawsuits Target Walmart, Whole Foods, and Target

Target Corp., Whole Foods Market, and Walmart Inc. are set to be added as defendants in ongoing lawsuits against baby formula manufacturer ByHeart. These lawsuits arise from allegations that ByHeart sold products potentially contaminated with spores that can lead to infant botulism.

Bill Marler, a well-known attorney specializing in foodborne illnesses, is representing families whose infants were hospitalized due to botulism. He announced on Sunday his intention to include the grocery chains in the lawsuits this week. Marler stated, “ByHeart likely is insolvent and will likely go bankrupt – sooner or later.” He emphasized the moral and legal responsibility of retailers, saying, “Retailers that sold infant formula will need to step up – morally and legally – to help these families. These lawsuits will help that.”

As of now, Target, Walmart, and Whole Foods have declined to comment on the situation.

The Centers for Disease Control and Prevention (CDC) has reported that 51 infants who were given ByHeart formula over the past two years have been hospitalized due to infant botulism. Fortunately, none of these cases have resulted in fatalities. The infection, which can begin with symptoms such as constipation and difficulty swallowing, can escalate to paralysis and respiratory issues, often requiring extended hospital stays.

In a statement, ByHeart confirmed its cooperation with authorities to investigate the source of the contamination. The company expressed its commitment to taking necessary actions to resume production and ensure that its infant formula meets a new standard for safety once the investigation concludes.

The Food and Drug Administration (FDA) has taken action by sending letters to Target and Walmart on December 12, urging them to enhance their efforts in removing the recalled products from their shelves. The FDA discovered ByHeart formula still available in various states more than a week after the company had issued a recall for all its formula on November 11.

Walmart has stated that it imposed a sales restriction on ByHeart products on November 11, and no sales occurred thereafter, according to a company spokeswoman.

Photo: Photographer: Giulia Marchi/Bloomberg

Copyright 2025 Bloomberg.

Topics
Lawsuits

Target Corp., Whole Foods Market, and Walmart Inc. are set to be added as defendants in ongoing lawsuits against baby formula manufacturer ByHeart. These lawsuits arise from allegations that ByHeart sold products potentially contaminated with spores that can lead to infant botulism.

Bill Marler, a well-known attorney specializing in foodborne illnesses, is representing families whose infants were hospitalized due to botulism. He announced on Sunday his intention to include the grocery chains in the lawsuits this week. Marler stated, “ByHeart likely is insolvent and will likely go bankrupt – sooner or later.” He emphasized the moral and legal responsibility of retailers, saying, “Retailers that sold infant formula will need to step up – morally and legally – to help these families. These lawsuits will help that.”

As of now, Target, Walmart, and Whole Foods have declined to comment on the situation.

The Centers for Disease Control and Prevention (CDC) has reported that 51 infants who were given ByHeart formula over the past two years have been hospitalized due to infant botulism. Fortunately, none of these cases have resulted in fatalities. The infection, which can begin with symptoms such as constipation and difficulty swallowing, can escalate to paralysis and respiratory issues, often requiring extended hospital stays.

In a statement, ByHeart confirmed its cooperation with authorities to investigate the source of the contamination. The company expressed its commitment to taking necessary actions to resume production and ensure that its infant formula meets a new standard for safety once the investigation concludes.

The Food and Drug Administration (FDA) has taken action by sending letters to Target and Walmart on December 12, urging them to enhance their efforts in removing the recalled products from their shelves. The FDA discovered ByHeart formula still available in various states more than a week after the company had issued a recall for all its formula on November 11.

Walmart has stated that it imposed a sales restriction on ByHeart products on November 11, and no sales occurred thereafter, according to a company spokeswoman.

Photo: Photographer: Giulia Marchi/Bloomberg

Copyright 2025 Bloomberg.

Topics
Lawsuits