The Science

For over 40 years Abbott Laboratories and Mead Johnson knew that cows-based infant formula was exceptionally dangerous to preterm babie, yet to this day refuse to manufacture a safer alternative.
World Health Organization (1981)
In 1981, the World Health Organization (“WHO”) and UNICEF jointly emphasized the importance of breastfeeding in their landmark report, the International Code of Marketing of Breast-Milk Substitutes. This report was a response to the aggressive marketing tactics employed by the infant formula industry, which had led to a decline in breastfeeding rates and an increase in infant morbidity and mortality. This report highlighted the numerous health benefits of breastfeeding for both infants and mothers, including improved nutrition, stronger immune systems, and reduced risks of chronic diseases.
The WHO’s report called for the implementation of an international code to regulate the marketing of breast-milk substitutes. This code aimed to protect and promote breastfeeding by ensuring that mothers received accurate information about infant feeding and were not unduly influenced by marketing practices. The code included provisions such as banning the promotion of breast-milk substitutes to the general public, prohibiting free samples and gifts to mothers and health workers, and requiring clear labeling that emphasized the superiority of breastfeeding.
Abbott Laboratories, known for its Similac brand of infant formula, strongly resisted the WHO’s recommendations. The company continued to market its products aggressively, leading to legal battles and public outcry. (This is a list of the ten largest lawsuits against Abbott.) Mead Johnson, the manufacturer of Enfamil, has also refused to abide by the WHO’s guidelines.
The Lancet (1990)
Dr. Alan Lucas published a landmark article in The Lancet (the leading science journal in England) titled “Breast Milk and Neonatal Necrotising Enterocolitis”. The study involved 926 preterm infants, examining the impact of early diet on the development of NEC. The findings were striking: NEC developed in 51 infants (5.5 percent), with a mortality rate of 26 percent among confirmed cases. The study revealed that NEC was 6 to 10 times more common in formula-fed babies than in those fed breast milk alone and 3 times more common than in those who received both formula and breast milk. The protective effect of breast milk was evident, with NEC being rare in infants whose diet included breast milk.
Breastfeeding Medicine Journal (2010)
Dr. Charles Czank demonstrated that using human milk instead of cow’s milk-based formulas led to better clinical outcomes, including reduced time on parenteral nutrition, faster achievement of full feeds, and prevention of NEC and other complications, highlighting its importance of human milk in neonatal care.
The Journal of Pediatrics (2010)
Dr. Sandra Sullivan (one of the most prominent medical researchers in pediatrics) concluded that when premature babies were fed an exclusive human-milk diet, these babies were 90 percent less likely to develop surgical NEC compared to infants who received cows’ milk-based formula.
U.S. Surgeon General (2011)
The U.S. Surgeon General published The Surgeon General’s Call to Action to Support Breastfeeding which further emphasized the danger of cows’ milk-based products to premature infants. The report warned: “For vulnerable premature infants, formula feeding is associated with higher rates of NEC.”
Annuals of Nutrition and Metabolism (2011)
Dr. Ekhard E. Ziegler concluded that human breast milk is vastly preferable to alternatives, and that a lack of breast milk can impaired neurocognitive development. This paper specifically cites the benefits of human milk in preventing NEC.
American Academy of Pediatrics (2012)
The American Academy of Pediatrics issued a policy statement that all premature infants should be fed exclusively a human milk diet because of the risk of NEC associated with the consumption of cows’ milk-based formula. The Academy stated that “the potent benefits of human milk are such that all preterm infants should receive human milk. If the mother’s own milk is unavailable, pasteurized donor milk should be used.”
BMC Research Notes (2013)
Dr. Amy B. Hair described her study which showed that all 104 premature infants participating in the study receiving exclusively a human-milk based diet exceeded targeted growth standards in height and weight (weight and head circumference). The authors concluded that “this study provides data showing that infants can achieve and mostly exceed targeted growth standards when receiving an exclusive human milk-based diet.”
Journal of Pediatrics (2013)
Dr. Elizabeth A. Cristofalo compared the effects of exclusive human milk diets versus preterm formula diets in extremely premature infants. The trial found that infants fed an exclusive human milk diet had shorter durations of parenteral nutrition, better growth outcomes, and lower incidences of NEC compared to those fed preterm formula.
Expert Review of Clinical Immunology (2014)
Dr. Misty Good discussed the mechanisms for how breast milk protects against NEC.
Breastfeeding Medicine (2014)
Dr. Steven A. Abrams showed that extremely preterm infants fed a diet containing cow milk protein products had higher mortality rates and increased incidences of NEC compared to those fed an exclusive human milk diet. Specifically, the mortality (death) rate was 8 percent for infants on cow milk-based diets versus 2 percent for those on human milk diets, and the incidence of NEC was 17 percent versus 5 percent, respectively. The study concluded that an exclusive human milk diet is associated with lower mortality and morbidity in extremely preterm infants.
Breastfeeding Medicine (2016)
Dr. Amy B. Hair demonstrated that infants fed human milk (as opposed to cows-based milk) had a significantly lower incidence of NEC (6.9 percent vs. 16.7 percent) and mortality (13.6 percent vs. 17.2 percent).
Advances in Nutrition (2017)
Dr. Shulhan Jocelyn stated that “human milk has been acknowledged as the best source of nutrition for preterm infants and those at risk for NEC. Two randomized clinical trials on preterm infants weighing between 500 and 1250 grams at birth compared the effect of bovine milk-based preterm infant formula to mother or donor milk on the incidence of NEC. Both trials found that an exclusive human milk diet results in a lower incidence of NEC.”
Seminars in Perinatology (2017)
Dr. Diana Maffei concluded that infants who receive more than 50 percent of their mother’s own milk have a significantly decreased risk of NEC. Her paper noted that preterm infants are susceptible to NEC due to the immaturity of their gastrointestinal and immune systems.
In summary, since 1981 Abbott Laboratories and Mead Johnson have known that cows-based infant formula is dangerous to preterm babies, yet 44 years later they continue to manufacture and aggressively market their dangerous products, causing more 9,000 U.S. babies to develop NEC each year, which in some cases leads to the deaths of these innocent infants. If your infant has developed NEC, contact us immediately so we can match up to the best law firm to obtain a substantial settlement for you and your family.