ABBOTT Laboratories has persuaded a federal judge to dismiss some claims in nationwide litigation over recalled baby formula.
In a decision this week, US District Judge Matthew Kennelly in Chicago dismissed claims by parents pursuing only "economic loss" claims related to Similac and other formula that they said had a "substantial risk" of bacterial contamination.
The parents said they would not have bought or would have paid less for formula but for the Illinois-based company's claims that it was safe.
But the judge said the parents lacked standing to sue, saying they did not show which Abbott products or lots were contaminated, or that their children experienced symptoms.
"In short, the plaintiffs received exactly what they say they bargained for: safe infant formula," Kennelly wrote.
The judge also issued decisions that narrowed but did not dismiss two related lawsuits.
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