In recent years, heightened concerns have been raised about the safety of many infant formulas, in particular, Similac, a popular product produced by Abbott Laboratories. Similac lawsuits in all states in the United States, including California, have claimed that Similac can lead to severe health complications such as necrotizing enterocolitis (NEC), a life-threatening gastrointestinal condition.
If your child has been harmed following consumption of Similac formula, you might be eligible for compensation. This article discusses the legal situation that exists for Similac suits, your rights as a parent or guardian in California, and what to expect when you file a product liability or wrongful death lawsuit.
What Is Similac?
Similac is a popular brand of baby formula used to provide nutrition to newborns and infants who are not breastfed. It comes in multiple varieties, including cow’s milk-based formulas, soy-based formulas, and specialized versions for premature babies. Abbott Laboratories, the manufacturer of Similac, markets the formula as a safe and effective option for infant growth and development.
However, growing evidence suggests that cow’s milk-based Similac products may be dangerous for premature babies, particularly when used in neonatal intensive care units (NICUs).
Health Risks: Necrotizing Enterocolitis (NEC)
What is NEC you might ask? Necrotizing enterocolitis is a serious gastrointestinal disease that causes inflammation and death of intestinal tissue. It primarily affects premature or low-birth-weight infants and can lead to:
- Bowel perforation
- Severe infection (sepsis)
- Emergency surgery
- Long-term health complications
- Death
Link Between Similac and NEC
Several medical studies have found a correlation between cow’s milk-based baby formulas like Similac and an increased risk of NEC in premature infants. Breast milk, by contrast, has been shown to lower the risk.
Critics allege that Abbott Laboratories failed to adequately warn doctors and parents about the risks of using cow’s milk-based formula in NICU settings. Instead, Similac continued to be marketed and recommended for use in high-risk infant populations.
Legal Theories in Similac Lawsuits
Parents and guardians have begun filing lawsuits against Abbott Laboratories for injuries or deaths caused by Similac. Most of these claims are based on the following legal theories:
1. Product Liability – Failure to Warn
Manufacturers have a duty to provide adequate warnings about known or foreseeable risks associated with their products. Plaintiffs allege that Abbott failed to include NEC-related warnings on Similac packaging or product literature.
2. Design Defect
A product is considered defectively designed if it presents unreasonable risks to consumers. Some lawsuits argue that Similac’s cow’s milk-based formula was inherently dangerous for preterm infants and should not have been recommended or marketed for that group.
3. Negligence
This theory claims that Abbott Laboratories breached its duty of care by failing to conduct proper safety testing or failing to update its labeling and marketing practices once risks became known.
4. Breach of Warranty
Similac was marketed as a safe nutritional option for vulnerable infants. Plaintiffs allege that these representations were false or misleading, thereby violating express or implied warranties.
5. Wrongful Death
In tragic cases where NEC leads to a child’s death, surviving family members may pursue wrongful death claims against the manufacturer.
Who Can File a Similac Lawsuit?
You may be eligible to file a lawsuit if:
- Your premature infant was fed Similac formula (either at home or in a hospital setting)
- Your infant was later diagnosed with necrotizing enterocolitis (NEC)
- The NEC diagnosis resulted in surgery, long-term health consequences, or death
In California, both individual lawsuits and participation in larger multi-district litigation (MDL) are possible. Even if your child is now older, you may still be within the legal time limits for filing a claim.
Statute of Limitations in California
The statute of limitations for product liability or personal injury claims in California is generally two years from the date of injury or discovery of the injury. However, because these cases often involve infants, the statute may be tolled (paused) until the child reaches 18 years of age.
For wrongful death:
A claim must typically be filed within two years of the date of death.
Given the complexity of product liability and the potential for nuanced timelines, it’s essential to consult a qualified attorney to evaluate your specific circumstances.
What Compensation Can You Recover?
Families affected by NEC caused by Similac may be entitled to substantial compensation, including:
Economic Damages
- Medical expenses (past and future)
- Surgical costs
- Rehabilitation or long-term care
- Lost wages (for time taken off work)
- Funeral and burial expenses (in wrongful death cases)
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of companionship
- Mental anguish
- Disability or disfigurement
Punitive Damages
In cases of gross negligence or willful misconduct, courts may award punitive damages to punish the manufacturer and deter similar conduct in the future.
Status of Similac Lawsuits Nationwide
Hundreds of lawsuits have already been filed across the United States against Abbott Laboratories, as well as Mead Johnson (the maker of Enfamil), alleging similar claims. Many of these lawsuits are consolidated in federal multi-district litigation (MDL) in Illinois and are still in the pretrial stages.
Although no nationwide settlements have been announced as of mid-2025, pressure is mounting on formula manufacturers as scientific evidence and public awareness grow.
Important Considerations for California Plaintiffs
Here are some considerations you should keep in mind for California Plaintiffs:
1. Hospital Use of Similac
Even if you did not personally purchase or administer Similac, you may still have a claim if your baby was fed the formula in a hospital, particularly in a NICU setting.
2. Breast Milk Alternatives
Some lawsuits argue that hospitals and formula companies failed to adequately inform parents about the availability of breast milk banks or human milk-based alternatives for preterm infants.
3. Record Preservation
If you suspect Similac may have harmed your child, preserve all related documentation:
- Medical records
- NICU charts
- Formula packaging or receipts
- Photos of your child’s condition
- Any written communication with healthcare providers
Do You Need a Lawyer?
Given the complexity of product liability claims and the resources available to corporations like Abbott Laboratories, it’s highly recommended that affected families consult a California product liability or personal injury attorney. These cases involve scientific evidence, corporate marketing materials, expert witnesses, and sometimes participation in multi-district litigation.
A skilled lawyer can:
- Evaluate your eligibility
- Preserve and gather critical evidence
- File your claim on time
- Handle all communication with opposing parties
- Maximize your potential settlement or jury verdict
Most attorneys who handle these cases offer free consultations and work on a contingency fee basis—you pay nothing unless compensation is recovered.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
