Austria opens investigations into contaminated baby formula

Austria has opened criminal investigations into Nestlé and Danone over potentially contaminated infant formula, ORF reported on Friday. The Vienna public prosecutor’s office is investigating Nestlé, while the Innsbruck office has launched proceedings against Danone.

The investigations followed a criminal complaint filed by the consumer organisation Foodwatch against both companies. Foodwatch said it was in contact with the authorities and providing information to help clarify the case.

A civil lawsuit has also been filed against Nestlé in Dornbirn. The affected parents are seeking compensation from the manufacturer under product liability law, as well as damages for pain and suffering and care costs.

A microbiological report commissioned by the family could provide important groundwork for legal action by other affected families, Foodwatch Austria said. “The current developments make us cautiously optimistic and show that persistent investigative work pays off,” said Markus Linkeseder of Foodwatch Austria.

In France, where prosecutors are also investigating following a Foodwatch complaint, research by Radio France, RTS and RTBF reportedly uncovered new details. According to the report, prosecutors confirmed a specific connection between consumption of contaminated infant formula and the detection of toxins in the stool of a 24-day-old infant. The finding could become an important part of the investigation because the companies have so far denied any connection.

Foodwatch said about 90 affected people had contacted the organisation since the scandal began, reporting a temporal connection between feeding potentially contaminated formula and the appearance of symptoms.

Linkeseder said medical staff in Austria had been informed about the contamination very late. As a result, he said, few sick infants were tested for possible cereulide poisoning, and stool samples were taken too late when testing did occur.

Several manufacturers recalled infant formula in more than 60 countries during the winter because the products may have been contaminated with cereulide, a toxin that can cause diarrhoea and vomiting. Cases under investigation have also been reported in Belgium, Denmark, France, Luxembourg, Spain and the United Kingdom.