Parents Filed Lawsuit Over Infant Botulism Case
A federal court is reviewing whether Target Corp. bears responsibility for an infant botulism case linked to baby formula.
Updated on Oct. 14, 2026 in Babies

Two parents have filed a lawsuit alleging that their child contracted infant botulism from baby formula sold by Target Corp. The plaintiffs are currently opposing a motion filed by the retailer to have the case dismissed.
Why it matters
The case raises questions regarding the liability of retailers for the safety of the products they source and sell to consumers. Legal experts are closely watching how the court defines a retailer's duty of care in monitoring the supply chain of infant nutrition products.
The lawsuit centers on a single reported case of infant botulism linked to baby formula, with the legal dispute currently involving a motion to dismiss. The underlying claim remains subject to judicial review as the court evaluates the retailer's responsibility for sourcing.
The players
Target Corp.
A major national retailer that offers a wide range of consumer goods, including baby formula and food products.
The details
The lawsuit argues that retailers have an inherent duty of reasonable care when sourcing products intended for infants. The plaintiffs contend that Target Corp. failed to adequately investigate the safety of its supply chain, ultimately leading to the presence of harmful bacteria in the formula. The retailer has moved to dismiss the claims, arguing against its liability in the matter.
Timeline
October 14, 2026: Plaintiffs urged a federal court to deny the motion to dismiss the case.
Health Landscape
This litigation follows a pattern set by the 2011 infant formula recalls related to Cronobacter sakazakii, which became a major flashpoint for supply chain safety. The case tests the legal boundaries of retailer accountability when distributing sensitive nutrition products.
While this case proceeds through the courts, parents should continue to follow official guidance on checking for product safety alerts or recalls regarding infant formula. Any concerns about a child's health or potential symptoms of illness should be discussed directly with a pediatrician.
The takeaway
The court's decision on the motion to dismiss will determine whether the suit proceeds to trial. In the meantime, caregivers should remain vigilant about official food safety notices and consult their healthcare provider if they have concerns about their baby's nutrition.
Further reading
For more on keeping infants safe, visit our Babies section.
Source note: This article includes information reported by Law360.







