Infant Formula Recalled after Botulism Outbreak
Product Liability Lawyers
Infant Formula Recalled After Botulism Outbreak
The California Department of Public Health (CDPD) alerted the U.S. Centers for Disease Control and Prevention (CDC) to an outbreak of infant botulism across multiple states connected to the ByHeart Whole Nutrition Instant Formula. The alert prompted a nationwide recall and an ongoing investigation involving both state and federal agencies.
According to the CDPS, the state’s Infant Botulism Treatment and Prevention Program noticed an increase in cases earlier in the year. Testing revealed evidence of Clostridium botulism in a sample of ByHeart formula. According to health officials, there were 13 suspected or confirmed cases of infant botulism across 10 states since August. A total of 8 of those cases have been confirmed as Type A botulism. Testing is ongoing on the remaining cases.
On November 8,, 2025, ByHeart Inc. announced that it was recalling two lots of its Whole Nutrition Infant Formula. The recall affects the following lot numbers:
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206VABP/251261P2
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206VABP/251131P2
Both lots were marked with “Use by 01 Dec 2026” date.
The formula was sold online via ByHeart’s website as well as in major retail stores nationwide, including Kroger, Whole Foods, Walmart, Target, and Amazon.
Dr. Erica Pan, CDPH Director and State Public Heath Officer, stated that “Infant botulism is a very rare disease that occurs when babies inhale or swallow spores of the toxin-producing bacteria. We have tested a sample of the specific powdered infant formula linked with these cases and preliminary tests are positive. We are urging parents to stop using ByHeart formula immediately.”
Parents are being urged to stop using the recalled formula and contact a healthcare provider if their child shows signs of illness. Parents should keep the remaining formula packaging, including the lot number, to aid in the investigation. Healthcare providers have been asked to report suspected cases to local health departments.
If your child suffered infant botulism due to ingestion of the recalled formula, it is important that you explore the legal options available to you. You could have the right to pursue a claim against ByHeart Inc. If you are interested in exploring the legal options available to you, please do not hesitate to reach out to our experienced lawyers as soon as possible.
Here at the Downtown L.A. Law Group, our team is committed to getting you and your family justice. Our team has decades of experience and is more than ready to provide you with the guidance that you need to either begin or continue your claim. If you are ready to speak with our experienced lawyers, contact our firm at your earliest convenience. We are ready to help you.
Infant botulism can be associated with a number of symptoms, which could include the following:
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Constipation
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Difficulty feeding
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Weak cry
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Poor head control
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Reduced facial expressions
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General signs of muscle weakness
If untreated, the infant botulism can lead to respiratory problems. Infants facing this condition require hospitalization but can generally make a full recovery with early intervention and care.
Can I File a Lawsuit?Yes, if your child developed infant botulism because of unsafe baby formula, you could have the right to file a lawsuit against the company responsible. Do I have the right to file a lawsuit against ByHeart? Yes, you could have the right to sue. This is based on the company’s responsibility to ensure that their products are safe to be released to consumers. When companies fail to subject their products to extensive testing before making them available for purchase, then they can be held responsible for any injuries that occur as a result of the defective product. If you are ready to explore the legal options available to you, please do not hesitate to reach out to our experienced lawyers as soon as possible.
What Compensation Can I Recover?Some of the different categories of compensation available for recovery could include the following:
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All medical expenses
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Lost earnings (in this case, the parent’s lost income if they had to stop working to care for their sick infant)
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Pain and suffering
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Wrongful death benefits
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Legal expenses
Here at our law firm, our team is more than ready to fight for your rights to recover the compensation that you and your family are owed. Whether our infant botulism injury lawyers need to negotiate a settlement or take your claim to trial to reach a verdict, you can trust that our team will do everything necessary to secure the appropriate payout available for your claim. For more information about the possible value of your claim and what you could be entitled to receive, contact our firm as soon as possible.
How Long Do I Have to File a Lawsuit?
All claims are subject to a statute of limitations or a deadline to sue. If claimants do not file their claims on time, they run the risk of losing their right to sue entirely. In general, personal injury claims, including those stemming from injuries caused by contaminated food products, are subject to a two-year deadline. However, exceptions apply when the injured individual is a minor. Although parents can choose to pursue a claim within two years of the incident, if they choose not to take any legal action, the child will have the right to file a claim once he or she turns eighteen.
If you are ready to explore the legal options available to you and the total length of time that you have to pursue your claim, please do not hesitate to reach out to our legal team as soon as possible. Our lawyers are ready to guide you every step of the way and help you file your claim on time.
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