Baby formula manufacturers Abbott Laboratories, Inc. and Mead Johnson & Company, LLC have been hit with a wrongful death lawsuit in Louisiana based on allegations that their products cause fatal health problems in premature infants. Parents Deondrick W. Brown, Sr. and Rebekah Etienne filed their claims following the death of their son, Deondrick W. Brown, Jr., due to necrotizing enterocolitis (“NEC”).

NEC is a condition that causes the intestinal tissues to become inflamed and ultimately perforated, allowing bacteria to leak into the patient’s abdomen or infiltrate the bloodstream. Premature infants are especially susceptible to NEC, which can result in fatal sepsis.

According to the complaint, the defendants sell baby formula specifically tailored for infants born premature, including products Similac Special Care and Similac NeoSure formulas as well as Enfamil Human Milk Fortifiers and EnfaCare formulas. The products are primarily made from nonfat milk and whey protein concentrate from cow’s milk. They market the products as safe and healthy for premature infants. In fact, the defendants “aggressive marketing” specifically targets parents of premature infants, claiming that their cow’s milk formulas are necessary for infant growth and implying they are superior to breastfeeding. The plaintiffs allege that these misleading marketing campaigns actually discourage some mothers from breastfeeding, while the companies carefully avoid any mention of the growing scientific consensus opposing their statements.

The plaintiffs allege that there has been a “growing scientific link between the use of cow’s milk in infant formulas like Similac and Enfamil and an increased risk of necrotizing enterocolitis.” They point to several studies and reports, including statements in the Journal of Pediatrics and from the U.S. Surgeon General, indicating that breast milk reduces the risk of contracting NEC in premature babies while cow’s milk and its derivatives greatly increase the risk of premature infant fatality. The baby formula manufacturers’ websites and advertisements, meanwhile, include “zero warning as to NEC or death resulting from NEC.”

A number of similar lawsuits have been brought against Abbott Labs and Mead Johnson in other jurisdictions around the country. For example, several parents filed a lawsuit in an Illinois state court claiming that their children suffered long-term health problems, some fatal, because of the baby formula products manufactured by Abbott Labs and Mead Johnson. Like the Louisiana plaintiffs, the Illinois parents claim that their infant children contracted necrotizing enterocolitis after consuming cow milk-based products Similac and Enfamil. The plaintiffs allege that the products were defective and that the manufacturers’ advertisements were false and misleading by claiming that the products were safe and beneficial.

More than 30 similar lawsuits have been filed in Illinois state courts alone. One set of plaintiffs recently filed to have the cases consolidated before one judge.

Abbott Labs, for its part, denies the allegations. The company claims that the condition is “naturally occurring” and can develop in premature infants regardless of whether they are fed breast milk, formula, or a combination of the two.

According to an estimate from the National Institute of Child Health and Human Development, NEC affects around 9,000 preterm infants every year in the United States.