Summary
- Foodwatch is preparing a lawsuit challenging how Nestlé, Lactalis and authorities handled the contamination and alleging regulatory breaches.
- Recalls are expanding worldwide after cereulide was found in an ARA oil ingredient, affecting infant formula from Nestlé, Lactalis and Danone across multiple markets.
- Warnings came too late, foodwatch says, with affected products sold for months as reports of infant illnesses and deaths emerge.
Consumer watchdog Foodwatch International is preparing a lawsuit against Nestlé and Lactalis over their role in a sprawling infant formula scandal.
Several manufacturers including Nestlé, Lactalis and Danone have pulled infant formula from multiple markets globally over fears that the products could be contaminated with cereulide, a toxin that causes nausea and vomiting.
The toxin was discovered in an ARA oil ingredient provided to Nestlé by a ‘leading’ supplier, with the issue discovered during routine testing. Nestlé has since recalled batches of infant formula in nearly 60 countries while being criticized for not informing consumers sooner.
ARA oil is widely used in infant formula. It is supplied by third‑party ingredient manufacturers and then incorporated into finished products, meaning that any issue with a single supplier could potentially affect multiple brands.
After revelations at Nestlé, Danone and Lactalis have come under intense pressure as food safety regulators scramble to keep potentially affected infant formula products off the market.
Last week, Danone blocked a batch of formula from being released in Singapore pending a food safety investigation; and Lactalis recalled Picot infant formula in 18 countries after discovering a contaminated ingredient was present.
More manufacturers are being impacted each day while information of illnesses and deaths is now emerging: though no cases have been officially linked to any recalled products.
Consumer watchdog Foodwatch International says recalls ‘always’ happen too late – with product batches that are now recalled having been on the market for months.
“We receive new information every day,” said the NGO’s Ingrid Kragl. “Over 60 countries are concerned by the Nestlé recall and so far, 18 by the Lactalis recall. Danone had to remove [batches] from the shelves in Singapore. There are more recalls from other brands in Italy, Switzerland, and others. Unfortunately, it is not over yet.”
“Many babies have been ill, and investigations are underway into the deaths of some babies,” she added, referring to reports from France where an investigation has been opened into two infant deaths who were fed formula products made by Nestlé and Lactalis, respectively.
Now, the NGO plans to file a lawsuit against formula manufacturers and national food safety authorities.
“We have identified several breaches of European and national regulations,” Kragl told us. “We have gathered a great deal of evidence concerning the infringements. Our complaint is currently being drafted, with more details to follow in the coming days.
“It will target companies such as Nestlé and Lactalis and will question the role of the authorities in handling this matter.”
From the consumers’ point of view, it is striking to note that the delayed recalls mean that the contaminated products had in fact been on sale for months in the case of Nestlé, and for at least a year in the case of Lactalis.
Ingrid Kragl, Foodwatch International
“In the meantime, the infant formula boxes were discarded, and it is by no means certain that the doctors or emergency services looked for the cereulide,” she added.
Now, information is coming out, but answers are “sorely lacking”.
“Nestlé and Lactalis are two giants. We have serious questions about their sense of responsibility. Their statements do not match the facts we have uncovered,” Kragl added.
Foodwatch International has previously filed complaints against Nestlé over contaminated Buitoni pizzas and illegally filtered bottled water, and against Lactalis in 2018 over salmonella‑contaminated infant formula, a case for which the company has since been indicted.
