Full Breakdown
Senator Schiff Launches Inquiry into DOJ’s Closure of Abbott Laboratories Criminal Probe
7/10/2026, 5:15:10 PM
Inquiry Initiated
Senator Adam Schiff (D-CA) sent a July 8 letter to acting Attorney General Todd Blanche requesting an explanation for the Justice Department’s decision to end a multi-year criminal investigation into Cronobacter bacterial contamination at an Abbott Laboratories infant-formula plant in Sturgis, Michigan. Schiff, a member of the Senate Judiciary Committee, said he will question Blanche at a July 15 confirmation-hearing appearance.
Recall and Investigation Background
In 2022 Abbott recalled several powdered-formula brands, including Similac, after reports of infant illness. The FDA reported that five infants were hospitalized and two deaths may have been linked to the outbreak. Abbott later asserted that no unopened, distributed formula tested positive for *Cronobacter sakazakii*; only one of four opened containers from affected homes yielded the bacteria, and the strain was not found at the Sturgis facility. Federal prosecutors, backed by Assistant Attorney General Tysen Duva of the Criminal Division, recommended felony charges against Abbott and certain executives, but senior DOJ officials ordered the case closed.
Official Positions & Responses
The Justice Department confirmed receipt of Schiff’s letter and indicated it is pursuing a civil settlement in a parallel False Claims Act action, describing the settlement as “the best mechanism to achieve accountability, deterrence and protection of the public.” DOJ lawyers allege Abbott repeatedly misrepresented compliance with FDA rules to the USDA and state agencies. Abbott’s legal counsel at Kirkland & Ellis declined comment.
Criticism & Opposition
Schiff argued that the DOJ’s handling signals a de-prioritization of cases that pose “deadly risks to medically sensitive infants.” He highlighted the firm’s recent pro-Trump pro-bono work, questioning whether political considerations influenced the decision. The closure has also sparked broader concerns about a retreat from corporate prosecutions involving public health and safety.
Verbatim Quotes
- “Under your management, DOJ does not consider a case involving deadly risks to medically sensitive infants, after a recommendation of a felony charge, to be worthy of criminal prosecution,” — Adam Schiff, Senator
- “If prosecuting cases involving the risk of injuries or death to premature infants are not a priority enforcement matter, I have questions about what priorities the DOJ considers worthy of pursuing,” — Adam Schiff, Senator
- “the best mechanism to achieve accountability, deterrence and protection of the public” — Senior DOJ official (to CBS News)
- “Abbott repeatedly lied to the U.S. Department of Agriculture's ('USDA') and State agencies when it represented that it produced powder infant formula under conditions that complied with U.S. Food and Drug Administration … rules,” — DOJ lawyers, February 2026 filing
- “For such serious allegations, a DOJ dedicated to enforcing the law — regardless of the political affiliation of its Attorney General — would likely insist on criminal charges and a civil penalty, not simply a settlement that is a cost of business for a corporation,” — Adam Schiff, Senator
