Federal health officials in the United States have issued stern warnings to four of the nation's largest retail chains for their failure to swiftly remove contaminated infant formula from store shelves. The U.S. Food and Drug Administration (FDA) has sent official warning letters to Walmart, Target, Kroger, and Albertsons, accusing them of continuing to sell the potentially dangerous product days or even weeks after a major recall was initiated.
Retail Giants Ignored Critical Recall Notice
The controversy centres on ByHeart infant formula, which was recalled on November 11 due to its connection to a dangerous botulism outbreak. This outbreak has already sickened more than 50 infants across 19 states, with all affected babies requiring hospitalization and treatment with IV medication to halt the disease's progression.
Despite this urgent public health alert, the FDA found that the retailers did not take prompt action. In letters dated December 12 and made public on Monday, the agency stated, "As a participant in the supply chain, your firm should take prompt and effective action when notified of a product recall." The companies have been given 15 working days to formally respond to these allegations.
Widespread Sales Continued After Recall
Investigations revealed a shocking pattern of non-compliance across multiple states. At Target stores, the formula was found in 20 states "well after the recall was initiated." In a particularly egregious example, a Target store in New Hampshire sold the product on November 16, even though an electronic sales block was supposedly in place. Furthermore, a Target outlet in Arkansas promoted single-serve packs of the recalled formula with a "Sale!" sign and a $2 discount from November 16 to November 22.
The problem was not isolated to Target. According to information from state and local health officials:
- ByHeart formula was found at Walmart stores in 21 states from November 12 to November 26.
- The product was present in Albertsons stores across 11 states from November 12 to November 19.
- It was also discovered at Kroger stores in 10 states during the same November 12-19 period.
The FDA also noted that the companies failed to provide evidence of corrective actions, despite multiple requests from the agency.
Company Responses and Systemic Failures
In their defence, Walmart officials stated they moved swiftly to block sales and remove the product from stores and online following the recall. "We take all reports of inaction seriously and will respond to the letter," a company spokesperson said. Albertsons also claimed it worked closely with suppliers and regulators to identify and remove the products, confirming that "ByHeart infant formula products have been removed from our store shelves."
However, criticism has also been directed at the FDA itself. Steven Mandernach, executive director of the Association of Food and Drug Officials, pointed out that the FDA was slow to distribute crucial recall information to state and local food safety partners. The agency did not fully share product lists until November 14, nearly a week after the initial recall of two formula lots on November 8.
Mandernach called the situation "disappointing," especially given that infant formula is the sole source of nutrition for vulnerable babies. He suggested "there probably wasn’t the sense of urgency to ensure the product was off the market that I would expect." The U.S. Centers for Disease Control and Prevention has since expanded the outbreak investigation to include all babies treated for botulism after consuming ByHeart formula since its production began in 2023.
