Premature infants are among the most medically vulnerable patients in any hospital, especially those born weighing less than 3.3 pounds or before 37 weeks of gestation. For years, parents and medical professionals have trusted popular infant formulas like Similac and Enfamil to help nourish these newborns. But now, both brands are at the center of hundreds of lawsuits alleging their products contributed to a life-threatening condition called necrotizing enterocolitis (NEC) in premature babies.
If your child was fed Similac or Enfamil in the NICU and later developed NEC, you may have the right to bring legal action to hold the baby formula makers responsible for the harm your child suffered.
Key Takeaways
- Similac (Abbott Laboratories) and Enfamil (Mead Johnson Nutrition) are the two major formula brands named in NEC-related lawsuits.
- Lawsuits claim that bovine-based formulas increase the risk of NEC, a dangerous intestinal condition, particularly in premature infants.
- Plaintiffs allege that formula companies failed to warn parents or doctors about the risks.
- Scientific studies and internal documents may support claims that both companies knew of the NEC risk for decades.
- Families affected by NEC may be eligible for financial compensation for medical expenses, long-term care, and emotional distress.
Understanding NEC: Why Some Baby Formulas Are Under Fire
Necrotizing enterocolitis (NEC) is a serious gastrointestinal disease that mostly affects premature infants. It can cause holes in the intestines, inflammation, and tissue death in the digestive tract, and can lead to:
- Intestinal perforation
- Sepsis
- Multiple surgeries
- Long-term disability
- Death in severe cases
Many infants diagnosed with NEC were fed bovine-based formulas, which are made from cow’s milk, while in the neonatal intensive care unit (NICU). Human breast milk has been shown to reduce the risk of NEC, while cow’s milk-based formulas may increase it. Despite this knowledge, formulas like Similac and Enfamil continued to be marketed as safe for preemies.
Sadly, when doctors and other healthcare professionals are not informed about the dangers of premature infants receiving cow’s milk formulas, they continue to give it to these vulnerable children in the hospital. In other words, they may be unknowingly contributing to the harm these babies suffer because the formula manufacturers failed to warn about the link between these products and NEC.
Why Similac Is Being Sued
Several baby formula manufacturers are named as defendants in the pending multidistrict litigation involving formula and NEC in premature babies. One of the largest companies is the maker of Similac products. Here’s a breakdown of how Similac formulas and the company behind it:
Manufactured by: Abbott Laboratories
Abbott Laboratories was founded in 1888 and currently ranks #107 in the Fortune 500 list of the largest corporations by annual revenue. The most recent reported income shows the company has gross revenue of more than $43 billion annually. Similac is one of the largest brand names under the Abbott label.
Allegations Against Abbott Include:
- Failure to warn about the risk of NEC in premature infants who receive Similac formula
- Aggressive marketing of Similac and Similac Human Milk Fortifier to hospitals and NICUs
- Misleading representations about the safety and necessity of bovine-based formula
- Internal awareness of the increased NEC risk from cow’s milk-based formulas
Products Commonly Cited in Pending Lawsuits:
- Similac Special Care
- Similac Advance
- Similac Human Milk Fortifier (powdered and liquid)
- Similac NeoSure
Why Enfamil Is Being Sued
Let’s review the background information about the other most often named baby formula in these cases, Enfamil.
Manufactured by: Mead Johnson Nutrition (now owned by Reckitt)
Enfamil has also come under fire for allegedly contributing to NEC in premature infants. Like Abbott, Mead Johnson is facing similar lawsuits alleging deceptive marketing and failure to disclose serious health risks.
Allegations Against Mead Johnson Include:
- Neglecting to warn parents and hospitals about the risks of NEC that may be linked to Enfamil formula
- Marketing Enfamil as safe and appropriate for preemies despite known risks
- Prioritizing profit over safety in its NICU product lines
Mead Johnson Products Commonly Cited in the Pending Lawsuits:
- Enfamil Premature
- Enfamil NeuroPro EnfaCare
- Enfamil Human Milk Fortifier Acidified Liquid
- Enfamil 24 Cal
Similarities Between Similac and Enfamil NEC Lawsuits
Both brands face remarkably similar claims across multiple lawsuits:
- Failure to warn medical professionals and parents about NEC risks
- Scientific evidence was ignored, including multiple peer-reviewed studies
- Heavy marketing to hospitals and NICUs, influencing feeding protocols
- Internal documentation suggesting the companies knew about NEC risks for years
Are These Lawsuits Part of a Mass Tort?
Yes. The NEC lawsuits involving Similac and Enfamil have been consolidated into the Multidistrict Litigation (MDL 3026) in the Northern District of Illinois. Unlike a class action lawsuit, where all plaintiffs become part of a group (the class) whose rights are determined together, an MDL only consolidates similar cases for pretrial proceedings.
One court manages all cases included in the MDL, handles discovery issues, motion hearings, and preliminary issues to ensure consistent rulings and information sharing. However, each case can be tried or settled separately, so the unique facts of each lawsuit play a large role in determining the outcome for each family.
NEC Baby Formula MDL Highlights:
These cases are complex and procedurally intensive. For more details about the progress and current status of the pending MDL, be sure to check our NEC Baby Formula Lawsuit page regularly.
Here is a quick summary of the NEC multidistrict litigation:
- Centralizes federal cases for pre-trial proceedings
- Allows discovery and sharing of internal documents, marketing strategies, and scientific data between all parties
- The first bellwether trial (test trial) is expected to begin in late 2025
- Hundreds of lawsuits are already pending, with more filed each month
Summary of the Scientific Research Linking Formula and NEC
The claims in these lawsuits against Similac and Enfamil are supported by decades of medical research, including:
- A 1990 study in The Lancet showed a 6- to 10-fold increase in NEC among formula-fed preemies
- A 2013 National Library of Medicine study confirmed that human milk reduces NEC risk
- Guidelines from organizations like the American Academy of Pediatrics recommend human milk for premature infants whenever possible
What Damages are Families Claiming in NEC Baby Formula Lawsuits?
Children who develop NEC as infants can often face lifelong medical and digestive problems. Sadly, some of these babies don’t survive after an NEC diagnosis. The families who are filing NEC lawsuits may be entitled to recover compensation for:
- Medical expenses (NICU care, surgeries, hospital stays)
- Long-term care costs
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death in fatal NEC cases
Key Comparisons Between Similac and Enfamil NEC Cases
| Category | Similac (Abbott) | Enfamil (Mead Johnson) |
| Manufacturer | Abbott Laboratories | Mead Johnson Nutrition / Reckitt |
| Market Share | Largest U.S. formula brand | Second-largest brand in the U.S. |
| Products Named | Similac, Similac HMF | Enfamil Premature, Enfamil HMF |
| Marketing Allegations | Aggressive NICU promotion | Similar claims involving hospital influence |
| Legal Status | Dozens of MDL and state claims are pending | Also heavily involved in MDL 3026 |
FAQs About Similac and Enfamil NEC Lawsuits
Can I sue if my child was fed both Similac and Enfamil?
Yes. If your child was exposed to both brands and developed NEC, your attorney can help determine liability and include both manufacturers in your claim.
Is powdered formula more dangerous than liquid?
Some studies suggest powdered formulas may carry a higher risk due to bacterial contamination, but both forms of bovine-based formula are being named in NEC lawsuits.
What if my baby was not premature but still developed NEC?
Most lawsuits involve preterm infants, but if a full-term baby developed NEC and was fed formula, you may still have a case. Consult an attorney for an evaluation based on your specific facts.
Are any of these formulas being recalled?
As of now, no NEC-related recall has been issued for Similac or Enfamil. However, both companies have faced unrelated recalls in recent years.
How long do I have to file a lawsuit?
Each state has its own statute of limitations, but NEC cases generally need to be filed within 1–3 years of diagnosis or injury. It’s important to act quickly. Reach out to a knowledgeable lawyer who can determine your filing deadline.
Contact Dolman Law Group to Learn More About Bringing an NEC Baby Formula Case
If your child developed NEC after being fed Similac or Enfamil, you may be entitled to financial compensation for medical costs, emotional damages, or even the loss of your child. But these lawsuits are about more than money. They are about holding manufacturers accountable for putting profit ahead of vulnerable infants’ health.
Dolman Law Group is currently investigating NEC baby formula claims and is ready to help your family seek justice. Our experienced mass tort attorneys offer free consultations, and there are no upfront expenses or fees. We don’t get paid unless we recover compensation for you.
Call Dolman Law Group at 866-481-5347 or contact us online today to get started.
