Similac Lawsuit Latest Updates, Settlement News & Who Qualifies

Short Summary: Thousands of families have sued Abbott Laboratories, claiming its cow's-milk-based Similac formulas caused necrotizing enterocolitis (NEC) in premature infants. As of July 2026, more than 800 of these cases are consolidated in a federal court in Illinois, with the first bellwether trials underway. No nationwide settlement has been reached, but Illinois and Missouri juries have awarded families a combined $625 million in three separate trials.

Similac Lawsuit: Latest Updates, Settlement News, and Who Qualifies

Yes, there is an active Similac lawsuit. Families of premature infants have sued Abbott Laboratories, alleging its cow's-milk-based Similac formulas and fortifiers increased the risk of necrotizing enterocolitis (NEC), a serious intestinal disease. As of July 2026, more than 800 of these cases are consolidated in federal court in Illinois, and juries in separate state court trials have already awarded families a combined $625 million.

This page explains where the Similac lawsuit stands today, what has actually been proven in court versus what remains an allegation, and how families can find out whether they may qualify to file a claim.

What Is the Similac Lawsuit About?

The core Similac lawsuit involves necrotizing enterocolitis, or NEC. NEC is a severe gastrointestinal disease in which intestinal tissue becomes inflamed and begins to die. It mainly strikes premature infants and can lead to sepsis, intestinal perforation, permanent disability, or death.

Plaintiffs allege that Abbott Laboratories, the maker of Similac, knew that cow's-milk-based formulas and fortifiers carry a higher risk of NEC in premature infants than human milk, but did not adequately warn parents or hospitals. Abbott disputes this and says its specialized preterm formulas are medically important products used in neonatal intensive care units when a mother's own milk or donor milk is unavailable.

These are product liability allegations. A company being sued does not mean a court has found it liable. Several of these claims have already been tested in court, with mixed results explained below.

Current Status of the Similac NEC Lawsuit (July 2026)

The federal litigation is formally known as In re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, MDL No. 3026, pending before U.S. District Judge Rebecca R. Pallmeyer in the U.S. District Court for the Northern District of Illinois (master docket 1:22-cv-00071). The Judicial Panel on Multidistrict Litigation created this MDL in April 2022 to consolidate similar Similac and Enfamil claims from around the country into one court for coordinated pretrial proceedings.

As of July 2026, roughly 810 cases are pending in the federal MDL. Hundreds of additional cases are proceeding separately in state courts, including Illinois and Missouri.

Bellwether trials: Courts often select a handful of representative "bellwether" cases to test how juries respond to the evidence before larger settlement talks begin. In the federal MDL, Judge Pallmeyer dismissed the first three bellwether cases against Abbott on summary judgment, ruling that plaintiffs had not shown a feasible, safer alternative formula was available. In May 2026, the judge denied Mead Johnson's attempt to dismiss a separate bellwether involving Enfamil, clearing that case for a jury trial that began on July 6, 2026. A Similac-specific federal bellwether trial is scheduled for August 2026.

Timeline of Key Events

Court Proceedings and Verdicts So Far

It's important to separate what juries have actually decided from what remains pending:

Plaintiff verdicts:

• $495 million - Missouri jury, July 2024 (Similac), under appeal
• $60 million - Illinois jury, March 2024 (Enfamil), under appeal
• $70 million ($53M compensatory + $17M punitive) - Illinois jury, April 2026 (Similac Special Care), Abbott says it will appeal

Defense verdicts:

• October 2024 Missouri trial - jury sided with Abbott and Reckitt, but a judge later ordered a retrial for defense counsel misconduct
• Three federal bellwether cases against Abbott —-dismissed on summary judgment before reaching a jury, based on a finding that plaintiffs had not shown a safer, feasible alternative existed

No global settlement has been reached. Settlement talks in mass tort litigation like this typically intensify after several bellwether trials produce a track record of verdicts. With federal bellwether trials just beginning in mid-2026, it's too early to know final settlement values.

The 2022 Similac Recall: What Actually Happened

Separately from the NEC litigation, Abbott recalled specific lots of powdered Similac, Alimentum, and EleCare formula in February 2022. The FDA and CDC had linked the products, made at Abbott's Sturgis, Michigan facility, to four infant illnesses (three Cronobacter sakazakii infections and one Salmonella Newport infection); Cronobacter may have contributed to two infant deaths. The recall applied to products with specific lot codes and expiration dates, not to all Similac formula. This bacterial-contamination recall is a distinct issue from the NEC litigation, though both have generated separate lawsuits against Abbott.

Is Similac Safe to Use Now?

The 2022 recall involved specific lots manufactured before April 2022; that outbreak investigation is now closed, and standard retail Similac formula sold in stores today is not subject to that recall. The NEC lawsuits center on specialized preterm and hospital-use products, such as Similac Special Care and human milk fortifiers given to premature infants in neonatal intensive care units, not standard formula fed to healthy, full-term babies. A 2024 report from a National Institutes of Health-convened scientific working group found that current evidence supports the disease being linked more to the absence of breast milk than to formula exposure itself, though the litigation over adequate warnings remains unresolved. Parents with specific safety concerns about a product they are using should talk to their child's pediatrician or neonatologist.

Who May Be Eligible to File a Similac Lawsuit

Based on public court filings, families generally may qualify to pursue an NEC-related Similac claim if:

• Their infant was born prematurely (commonly cited as 36 weeks' gestation or earlier)
• The infant was fed a cow's-milk-based Similac formula or fortifier, typically in a hospital NICU
• The infant was later diagnosed with necrotizing enterocolitis
• The diagnosis occurred during or shortly after the formula feeding

Each state has its own statute of limitations, a legal deadline for filing a lawsuit, so families should not delay in having a case reviewed. This is general legal information, not legal advice, and eligibility depends on the specific facts of each case.

What to Do Next

Families who believe their child was harmed have several practical steps available:

• Preserve evidence. Keep medical records, discharge paperwork, formula packaging, and lot numbers from the hospital stay.
• Report the issue. Adverse events involving infant formula can be reported to the FDA through its MedWatch Adverse Event Reporting program.
• Consult a qualified attorney. An attorney experienced in mass tort or product liability litigation can evaluate medical records against filing deadlines and help determine whether a claim is viable. This is especially worth doing promptly given state-specific statutes of limitations.

This article provides general legal information for educational purposes and is not a substitute for advice from a licensed attorney about your specific situation.

Related Reading

Families weighing whether to pursue a claim may also find it useful to see how another baby-product mass tort has played out from filing to settlement in our coverage of the talcum powder lawsuit, since it walks through the same kind of product liability process from initial complaints to consolidated litigation and eventual settlements.

Frequently Asked Questions

Q1. Is it safe to use Similac now?

The February 2022 recall involved specific lots tied to bacterial contamination; that recall and outbreak investigation are closed. Current retail Similac formula is not part of that recall. The ongoing NEC lawsuits mainly concern specialized preterm and hospital-use products, not standard formula. Anyone with product-specific safety concerns should consult their pediatrician.

Q2. What brands of Similac were recalled?

Abbott's 2022 recall covered specific lots of powdered Similac, Alimentum, and EleCare formulas manufactured at its Sturgis, Michigan facility, identified by particular lot codes and expiration dates. It did not cover all Similac products or liquid formulas.

Q3. Is there a lawsuit against Similac formula?

Yes. More than 800 lawsuits are consolidated in a federal MDL in the Northern District of Illinois alleging Similac's cow's-milk-based formulas increased NEC risk in premature infants, with hundreds more pending in state courts. A separate class action over alleged heavy-metal contamination ended in summary judgment for Abbott in 2025.

Q4. What is the least toxic baby formula?

No formula, including breast milk, is completely risk-free, and no regulatory agency currently ranks commercial formulas by toxicity. The 2024 NIH-convened working group report noted that NEC risk research points more toward the absence of breast milk as a factor than to a specific ingredient across brands. Parents should discuss formula choices, especially for premature infants, directly with their child's doctor.

Q5. Which baby formula should I avoid?

Rather than avoiding a brand outright, check any powdered formula's lot number against current FDA recall notices, and ask your hospital's neonatal care team about the specific product used for a premature infant, since the litigation centers on specialized preterm and fortifier products rather than standard formula.

Q6. How much are Similac lawsuit settlements?

No global settlement has been reached as of July 2026. Individual jury verdicts have ranged from $60 million to $495 million in the cases that have gone to trial so far, but these figures reflect specific jury awards, not a fixed settlement amount available to all claimants, and several are under appeal.

Sources

• FDA Investigation of Cronobacter Infections: Powdered Infant Formula (February 2022)
• Abbott Voluntarily Recalls Powder Formulas Manufactured at One Plant - FDA
• Cronobacter Outbreak Linked to Powdered Infant Formula - CDC