Expired Baby Formula Lawsuit Attorney in California

The Food and Drug Administration has safety standards in place for baby formula. Expired baby formula puts infants at risk because the product loses its nutrient quality over time and can increase the risk of foodborne illness. Formula consumed after the expiration date may not provide babies with adequate nutrition for health and proper development.


Is It Legal to Sell Expired Baby Formula?

Although regulations require expiration dates to be placed on formula, there is no federal law that prohibits the sale of the product after it has expired. As a result, many stores continue to keep the expired items on their shelves despite the fact that the products are outdated.

When checking items for sale, you may come across several different terms, such as “best before,” “best if used by,” “sell by,” “freeze by” or “expired by.” The manufacturer provides the dates to give you an idea of how fresh the product is, not whether it is dangerous or not.

Even so, state governments are free to regulate the selling of expired goods, and many do. For example, states have filed and settled lawsuits with major retailers for selling expired food and medications.

Accidentally drinking old formula can increase the risk of foodborne illness. If your baby does have severe vomiting, diarrhea, or fever, the baby should see a doctor immediately.

If your baby was harmed by an out-of-date product, you might have recourse in state or federal law.


Contact Potter Handy, LLP Law Firm for a free case evaluation.

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