If baby food is bad, spoiled, tainted, or otherwise defective, then an infant can become sick if they consume it. A claim can also be filed if expired baby food makes an infant sick. A claim for expired or tainted baby food can be filed under products liability law regulations.

Can I File a Claim for Bad Baby Food?

The U.S. Food and Drug Administration (FDA) determines regulations related to the sale and distribution of baby food. All parties who manufacture or distribute infant food or formula must be in compliance with 21 U.S.C. 321 of the Federal Food, Drug, and Cosmetic Act of the Code of Federal Regulations.

If the seller or distributor of bad baby food or formula is in violation of this Federal Code, then it is possible to file a claim. The plaintiff needs to determine who the claim should be filed against, such as the manufacturer, the distributor, the wholesaler, or the corporation that packaged and sold the bad food.

The Federal Code outlines legal regulations for nutritional requirements for baby food and formula. Including the quality of the food, record-keeping related to the production and sale of the food, and any recall against infant formulas or food that are necessary.

Infant food must be registered with the FDA, and any significant changes in recipes or ingredients must also be reported, comply with law, and approved through a written verification process. Most importantly, the process includes the need for proof that the formula/food complies with federal code.

What Remedies Are Available?

A products liability claim against a manufacturer, seller, distributor, maker, or any other party related to a bad baby food injury would be a products liability lawsuit. It the case is successful and the plaintiff wins, then the defendant has to pay for damages.Damages can include compensation for injury, suffering, medical bills, and loss of life pleasure in related to the injury caused by the bad food.

Do I Need a Lawyer? 

If your infant has become sick after consuming baby food that was bad or expired, you should consult a Products and Services lawyer right away. A lawyer will help determine against whom to file a claim and will fight on behalf of your best interests during the legal process.