Nestlé, Lactalis and Danone all feature in investigations by the Paris prosecutor’s office into the infant-formula recall linked to the cereulide toxin.
All three could face fines if a number of accusations against the companies prove valid, according to a statement issued on Friday (13 February). Smaller baby-powder manufacturers Vitagermine-owned Babybio and La Marque en Moins are also part of the investigations, which number five in total.
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An initial European recall was kicked off in December by Nestlé following the detection of the cereulide toxin in some batches of its infant formula. It was then expanded globally by the Swiss group in January, when French peers Lactalis and Danone also recalled products, along with some smaller producers.
The source of the toxin, which is linked to the bacterium Bacillus cereus, has been traced to an ingredients supplier in China of arachidonic acid (ARA) oil.
“Several” probes were launched into potentially contaminated formula at the end of January, the Paris prosecutor’s office said on Friday.
Five investigations surrounding Nestlé, Lactalis, Danone, Babybio and La Marque en Moins have been “entrusted” to the Central Office for Combating Environmental and Public Health Offenses of the General Directorate of the National Gendarmerie (OCLAESP), and the National Veterinary and Phytosanitary Investigation Brigade of the General Directorate of Food of the Ministry of Agriculture and Food Sovereignty (BNEVP).
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By GlobalData“The Paris prosecutor’s office decided to take up the case due to the large number of complaints received nationwide and the technical nature of the investigations into regulatory and health issues,” the statement read.
It has also received a complaint from the advisory group Foodwatch representing eight “individuals” whose children experienced vomiting after consuming infant formula.
None of the five companies forming the Paris prosecutor’s office investigation had responded to Just Food’s request for comment at the time of writing.
Charges in the five probes amount to “fraud concerning a product that poses a danger to human health; failure by a food business operator to implement a procedure for withdrawing or recalling a product harmful to health; endangering the lives of others by violating a regulatory obligation of safety or caution; and technical offenses relating to compliance with obligations incumbent upon suppliers or exporters of foodstuffs likely to be dangerous to health”.
Penalties include potential imprisonment of up to seven years and fines ranging from €75,000 ($88,926) to €750,000, according to the statement, which added a €3.75m fine could be imposed on “legal entities”.
The Paris prosecutor’s office said other investigations are ongoing “under the direction of local prosecutors, particularly in Angers, Bordeaux and Blois, concerning infants who have died or presented health problems, in order to determine if a causal link with the consumption of contaminated milk has been established”.
In January, France’s Ministry of Health, Families, Autonomy and Persons with Disabilities said it was aware of two deaths but found there was no evidence of a link between the formula eaten by the babies and their symptoms.
The same Ministry said on 11 February that three deaths had been reported but still with no causal link established.
Last week, it emerged that 24 families in France are taking legal action against the government for investigation failures in the recall, represented by lawyer Nathalie Goutaland.
At least two of the families claim their children suffered vomiting and diarrhoea from consuming Guigoz milk, a formula made by Nestlé.
