We are confident in our position based on the facts and science and look forward to presenting our case at trial.

Specialized preterm hospital nutrition products for premature babies provide essential, lifesaving nutrition to the most vulnerable infants when mother’s or donor milk is unavailable or insufficient. We stand behind the safety and efficacy of our specialized preterm hospital nutrition products, which neonatologists recommend when clinically appropriate as a crucial part of the standard of care in neonatal intensive care units.  Indeed, a statement from FDA recognized that “these products are nutritionally necessary for feeding preterm infants who lack access to or require more than human milk as their sole source of nutrition.”¹ 

Claims by plaintiffs’ lawyers that these products cause NEC are not supported by the science or the medical consensus and are irresponsible. As the American Academy of Pediatrics (AAP) explained, “Providing special formula is a routine and necessary part of care of these preterm infants,” and, “the causes [of NEC] are multifaceted and not completely understood. Our science does not tell us exactly how to prevent it.”² 

1. Axios, “Lawsuits threaten infant formula for preemies” (Sep 19, 2024)
2. American Academy of Pediatrics Statement In Response to NEC Lawsuit Verdicts (July 27, 2024)