Baby Formula Company Investigated for Botulism Outbreak

 Posted on December 11, 2025 in Botulism

Nobody wants to consider that their infant child may have been a victim of food poisoning. However, an investigation conducted by the U.S. Centers for Disease Control has linked the baby formula company ByHeart to an outbreak of botulism across multiple states, leading to a nationwide recall.

Finding out that your child has been exposed to a contaminated product can be distressing, especially when it leads to a serious case of botulism. However, with help from an Illinois food poisoning attorney, you can pursue legal action against the party at fault, no matter how large or small the company. If you believe that you or your child has contracted botulism from a negligent food provider, reach out to Newland & Newland, LLP today.

What Is Botulism?

Compared to other illnesses like E. coli or salmonella, cases of botulism are relatively rare, only contracted by 150-200 people in the United States on an annual basis. However, botulism has a shockingly high mortality rate of 40 to 50 percent when left untreated, making early intervention critical.

Botulism spreads through spores that are sometimes found in canned or fermented goods. Certain conditions are more conducive to the growth of the bacteria that cause botulism, like spaces with low water and acid. Discolored food, visible mold, or a pungent odor are all potential warning signs of botulism in canned products. When in doubt, it is better to throw away a suspicious can than to take a chance on botulism.

Symptoms of Botulism in Infants

Botulism is especially dangerous to infants due to their limited ability to fight off the illness. As such, parents should be vigilant in observing early symptoms, which may include:

• Constipation

• Difficulty breathing

• Drooping eyelids

• Strange or weak-sounding cries

• Loss of head control

• Overall weakness or lethargy

Symptoms typically manifest within 12 to 36 hours after consumption, although for infants it can take longer for symptoms to appear. If you notice any of these signs in your child, seeking prompt medical treatment not only protects your child’s well-being, but provides valuable documentation for a food poisoning claim that can link the illness to recently ingested food or formula.

Can a Large Company Be Held Liable for a Botulism Outbreak?

It may seem like a daunting prospect to file a food poisoning claim against a large company like a formula manufacturer, but it is entirely possible – and indeed, many people succeed in these claims. An attorney can guide you through the steps of taking appropriate legal action, whether it involves negotiating for an appropriate settlement or proceeding to litigation.

Succeeding in a food poisoning claim requires you to prove that another party acted negligently. In a botulism outbreak, this might mean showing that the food manufacturer overlooked safe storage or hygiene practices that created the conditions for the bacteria to grow.

A claim for compensation in an infant botulism case can account for medical expenses, pain and suffering, and other losses (735 ILCS 5/2-1115.2).

Contact an Illinois Food Poisoning Lawyer

When a food manufacturer acts negligently, some of the most vulnerable people in our lives can get hurt. At Newland & Newland, LLP, we are here to stand up for the rights of those who suffered as a result of food contamination. Call us at 312-981-0409 to schedule a free consultation with our Illinois botulism infection lawyers.