Senator Adam Schiff has initiated a congressional inquiry into the Justice Department's (DOJ) decision to close a criminal investigation concerning Cronobacter bacterial contamination at an Abbott Laboratories plant producing baby formula.

In a July 8 letter to acting Attorney General Todd Blanche, Schiff expressed concern over senior DOJ officials disregarding prosecutors' recommendations to pursue felony charges against Abbott and several executives. Schiff wrote, "Under your management, DOJ does not consider a case involving deadly risks to medically sensitive infants, after a recommendation of a felony charge, to be worthy of criminal prosecution."

The investigation stems from a 2022 recall by Abbott Laboratories of several powdered formula brands, including Similac, following consumer complaints of infant illness linked to products from Abbott Nutrition's Sturgis, Michigan facility. Abbott stated that "no unopened, distributed Abbott infant formulas have ever tested positive for Cronobacter sakazakii," and the Food and Drug Administration (FDA) confirmed in March 2022 that unopened products from affected homes tested negative for the bacteria.

Federal prosecutors, supported by Tysen Duva, assistant attorney general of the DOJ's Criminal Division, sought felony charges. However, the DOJ is currently negotiating a civil settlement with Abbott in a parallel False Claims Act case, with details undisclosed. An official noted the agreement includes a "significant" monetary penalty and clarified that Abbott's plans to build a $1 billion facility in Ohio did not influence the decision to drop the criminal probe.

DOJ lawyers referenced FDA regulations in a February 2026 filing when Abbott requested case dismissal.

Senator Schiff, a member of the Senate Judiciary Committee, will question Attorney General Blanche about the case during his confirmation hearing scheduled for July 15.

Sources