Michigan ByHeart Formula Lawsuit Attorneys
ByHeart Formula Lawsuit
The Michigan ByHeart baby formula lawsuit attorneys at Lipton Law provide legal representation for parents whose children endured infant botulism caused by ByHeart infant formula products. If your child was harmed by consuming contaminated formula, contact a Michigan botulism lawsuit attorney for a free consultation. We handle claims on a contingency fee basis, so families don’t owe any upfront legal fees unless we secure compensation on their behalf.
Call 248-557-1688 or use our contact form to discuss your case.
ByHeart Botulism Lawsuit Update
At least two federal ByHeart lawsuits allege that the infant formula was defective, the company was negligent, and it failed to warn consumers. The company states that no unopened cans had positive results for Clostridium botulinum spores or toxin. However, the opened can from a hospitalized child did test positive. Too little too late, the company has committed to third-party testing and working with the Food and Drug Administration.
ByHeart Formula Recall and Botulism Outbreak
Confirmed Cases of Infant Botulism Linked to ByHeart Baby Formula
At first, at least two babies with confirmed exposure were hospitalized. These occurred in the first two states, Arizona and Kentucky.
Statements from parents whose children endured infant botulism after consuming ByHeart formula describe severe emergencies and prolonged hospitalization.
Stephen and Yurany Dexter of Arizona reported that their daughter, Rose, deteriorated so rapidly that she required an air ambulance transfer to Phoenix Children’s Hospital, two hours away, where she was treated for several weeks, according to a CBS News report titled “ByHeart Sued Over Recalled Formula”.
Stephen Dexter said he didn’t know a “product designed for a helpless, developing human in the United States could cause something this severe.”
Michael and Hanna Everett of Richmond, Kentucky, said their daughter, Piper, was rushed to a children’s hospital in November 2025 after developing symptoms of a rare but serious illness. Hanna Everett told CBS News and Associated Press that the experience was “absolutely terrifying.” The parents weren’t aware of the ByHeart recall before their daughter consumed it.
Nationwide ByHeart Recall For Babies Sickened By Clostridium Botulinum
As of the end of November, the infant formula has been linked to 23 reported cases of infant botulism in 13 states. States with confirmed exposure include:
- Arizona
- California
- Illinois
- Kentucky
- Minnesota
- Michigan
- New Jersey
- North Carolina
- Oregon
- Pennsylvania
- Rhode Island
- Texas
- Washington
Botulism Symptoms
Early Symptoms of Botulism in Babies
When the baby first starts showing symptoms of infant botulism, the baby will initially develop constipation, poor feeding or weak sucking, head control difficulty, floppy arms or legs, difficulty swallowing, weak gag reflex, droopy eyelids, and reduced facial expression.
If your child develops symptoms, seek immediate medical attention. Some symptoms develop more rapidly, and this is a potentially deadly disease.
When to Seek Immediate Medical Care for Signs of Botulism
If the following symptoms develop, go to a hospital immediately.
- Body feels limp
- Minimal or no limb movement
- Serious difficulty swallowing
- Severely impaired swallowing
- Very weak or absent cry
- Difficulty breathing or presence of shallow respirations
Babies Sickened By Contaminated Baby Formula – Medical Care and Deadly Risks
Infant Botulism can cause respiratory arrest and paralysis. The baby will start showing symptoms in this order:
- At first, children initially develop constipation/poor feeding. When it affects their face and mouth, many infants require a feeding tube to receive nutrition without inhaling food into their lungs.
- Once the paralysis reaches the chest and diaphragm muscles, the infant cannot move air effectively. This puts them at a high risk of respiratory arrest.
- Once the diaphragm stops functioning, the infant will need ventilator support for days or weeks while their body heals.
Recalled ByHeart Infant Formula Products
ByHeart Whole Nutrition Infant Formula products recalled include the following:
Recalled ByHeart Whole Nutrition Infant Formula (24oz Cans)
The FDA announced a recall for ByHeart Whole Nutrition Infant Formula cans (24oz). The initial voluntary recall included only two batches of ByHeart cans. The batch codes for these recalled products are 206VABP/251131P2 and 206VABP/251261P2.
Information for the Whole Nutrition Infant Formula 24oz cans includes:
- UPC: 85004496800
- ByHeart expanded recall: Nationwide ByHeart Whole Nutrition Infant Formula 24oz cans.
- Reason for Whole Nutrition Infant Formula recall: Multistate outbreak of infant botulism cases caused by Clostridium botulinum spores
Recalled ByHeart Anywhere Pack Products (0.6oz Single-Serve Sticks)
ByHeart’s Anywhere Pack products were also recalled. Information for Anywhere Pack 0.6oz single-serve sticks recalled formula includes:
- UPC: 85004496802
- ByHeart recall scope: All unexpired 0.6oz stick packs
- Reason: Multistate outbreak of infant botulism cases caused by potential exposure to Clostridium botulinum
ByHeart Product Retailers
Major retailers that sell ByHeart Infant Formula products include:
Michigan ByHeart Lawsuit For Contaminated Formula
ByHeart Class Action Lawsuit and Eligibility for Legal Action
The ByHeart class action lawsuit was filed in the United States District Court for the Eastern District of Kentucky. Parents allege that the company engaged in negligent manufacturing, failed to warn consumers of the risks, and released and shipped contaminated infant formula despite known safety violations. Plaintiffs are seeking financial payment of past and future medical bills, emotional distress, pain and suffering, and loss of parental consortium in federal court.
Law firms, like Lipton Law, are now conducting their own ongoing investigations to provide the answers parents expected. The at least two-year delayed nationwide recall reflects serious issues from the manufacturer and safety regulators tasked with protecting babies. Our Michigan product liability attorneys are working to give families clear and actionable information.
Families interested in taking legal action to secure compensation for medical costs and other damages need to act quickly. If your baby was harmed after consuming ByHeart, you’ll need the following:
- Packaging (note lot/batch codes, expiration dates, and purchase location)
- Receipts or proof of purchase (physical, credit card statement, or online confirmation)
- Children’s hospital records showing the victim was diagnosed with infant botulism or related complications and treatment timelines
- To provide basic demographics, including age and sex information (part of pre-claim eligibility screening)
- To contact product-liability law firms experienced in infant formula litigation to obtain a case review and join a class action or multidistrict litigation (MDL) if one is established.
Since ByHeart’s been sued in federal court, infant botulism claims may be consolidated into multidistrict litigation to coordinate discovery for the comprehensive investigation, testimony, and potential settlement negotiations. Families who join any potential ByHeart class action now are well-positioned to secure potential compensation.
Financial Compensation for Families Affected By ByHeart Formula Botulism Cases
Families may pursue compensation for:
- Medical bills related to air ambulance, hospital treatment (emergency room, ICU, ventilator and feeding tube expenses, specialist evaluations, testing, medications, etc.)
- Future medical attention costs (physical therapy, feeding therapy, respiratory care, medical equipment, home/vehicle modifications, etc.)
- Parents’ lost wages
- Emotional distress and trauma for the family
If your family has suffered, contact the Michigan ByHeart Formula botulism lawyers at Lipton Law immediately for a free consultation.
FDA Investigation and Previous ByHeart Formula Contamination Issues
August 30, 2023:
- The FDA issued a warning letter to the ByHeart Co plant in Reading, PA, related to Infant Formula regulation violations for onsite inspections for dates ranging from December 2022 to February 2023. ByHeart’s formula regulation violations involved negligent manufacturing, health safety procedures, records, and notifications.
- The FDA inspection report specifically noted the finished infant formula tested positive for Cronobacter sakazakii linked to production, thousands of dead insects in production areas, a leaking roof, temperature variation failing to execute a “kill step”, and infant formula sold despite deviations.
- ByHeart Inc. attributed this to lab errors despite third-party testing showing no support for that.
- The company sold various lots from a continuous batch campaign. The FDA didn’t mandate a recall, despite knowledge of contamination.
Early 2025:
- Patterns of rare but serious illness began in babies consuming ByHeart infant formula. The FDA still doesn’t issue an alert.
August 2025:
- An infant botulism outbreak occurs.
- Epidemiologic links begin pointing toward the maker.
September-October 2025:
- The company asserts that unopened cans test negative while the cases of infant botulism linked to their infant formula on store shelves keep increasing.
- The FDA’s investigation continues, but they don’t caution customers, force the maker to discontinue, or issue a nationwide recall despite the number of adverse events reported and the lack of a formula shortage, according to later agency statements.
November 2025:
- November 8, 2025: The Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) report that 13 infants in 10 states have suspected or confirmed infant botulism after being fed Whole Nutrition infant formula. The company issues a voluntary recall for two lots: 206VABP/251261P2 and 206VABP/251131P2. However, it’s already been identified that their “healthier alternative” was disproportionately represented in sick infants relative to its market share in organic formulas and traditional baby formulas.
- November 11, 2025: ByHeart expands the recalled formula to all ByHeart Whole Nutrition infant formula (cans and single-serve sticks of powdered formula) nationwide. At this point, 15 infants in 12 states have suspected or confirmed illnesses linked to the baby formula.
- November 14, 2025: The FDA and CDC update indicates there are 23 infants in 13 states with reported cases, all with illnesses caused by consuming ByHeart. Illness onset for cases of infant botulism and other harm dates range from August to November 2025. All 23 infants were hospitalized. So far, no deaths have been reported.
How to File a ByHeart Baby Formula Lawsuit in Michigan
To file a ByHeart infant formula lawsuit, you’ll need:
- receipts showing that you purchased ByHeart formula,
- medical records showing illness onset information, and
- to provide your child’s age and sex information.
Protecting babies is our firm’s highest priority. We’re working to provide additional information and resources that families desperately need during this difficult time. If you need legal assistance filing a lawsuit against ByHeart Inc., contact our law firm to determine eligibility.
Contact a Michigan ByHeart Lawsuit Attorney For a Free Consultation
Michigan families affected by this bacteria can contact Lipton Law to pursue individual claims or a ByHeart class action lawsuit to pursue recovery for medical expenses, future medical attention, and emotional damages. We are diligently investigating the public health crises and are fighting for the justice families deserve. Our Michigan ByHeart formula lawsuit attorneys offer free consultations and can explain your options, deadlines, and next steps.
Call 248-557-1688 or use the contact form.
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