Nancy Pelosi Says Indictment May Be Needed Over Baby Formula Shortage

NORTH CHICAGO, IL — House Speaker Nancy Pelosi (D-California) suggested that criminal charges may need to be filed in connection with the shortage of infant formula.

Speaking during a news conference Tuesday with House Democrats to announce a proposed $28 million emergency funding package aimed at relieving the supply problems, Pelosi did not specify who should be charged or with what crime they might be prosecuted.

"I think that when all of this is done — I'm not associating my colleagues with what I'm saying right now, I'm just saying it myself — I think there might be a need for indictment," Pelosi told reporters.

The shortage has been linked, in part, to the shutdown of an Abbott Laboratories plant in Sturgis, Michigan, and a recall in February of powdered formula produced there.

Production at the plant was halted while Food and Drug Administration inspectors conducted an investigation after four babies who consumed formula made at the plant were hospitalized with Cronobacter sakazakii infections. Two of them died.

Abbott company officials said last week the investigation found no evidence linking its formulas to the illness.

"We have to have people who are accountable. You understand that at least two babies died. Four more hospitalized," House Appropriations Chair Rosa DeLauro (D-Connecticut), the sponsor of the $28 million measure, said at Tuesday's news conference.

"And I recently released a whistleblower list that released a damning list of allegations of wrongdoing at the Abbott Nutrition factory that was producing the formula," DeLauro said. "Recalls happen, but this company has lied, it cut corners, it falsified records to cover up misdoings at the sake of infant health. That's wrong. Just plain wrong."

Company officials responded with a statement linking the document released by the congresswoman last month to a disgruntled former employee who was fired for "serious violations" of company food safety policies.

"After dismissal, the former employee, through their attorney, has made evolving, new and escalating allegations to multiple authorities," Abbott representatives said.

On Monday, Food and Drug Administration and Justice Department officials announced a complaint and proposed consent decree with Abbott Nutrition that clears the way for the plant to resume operations.

FDA Commissioner Dr. Robert Califf said the public should rest assured that federal regulators will do everything possible to ensure that Abbott's formula's meet safety standards.

“Today’s action means that Abbott Nutrition has agreed to address certain issues that the agency identified at their infant formula production facility in Michigan," Califf said Monday in a statement.

According to the complaint, powdered infant formula produced at the Sturgis plant was "adulterated" and manufactured under insanitary conditions in violation of current requirements.

Under the proposed consent decree, the company must hire an independent expert to ensure the facility is in compliance with the law and implement a sanitation plan, monitoring plan and better employee training.

“We recognize the hardships that parents and caregivers have faced in obtaining infant formula and the FDA is focused on boosting the availability of the country’s supply of these products, including new steps regarding importation," Califf said.

Multiple congressional committees are probing the powdered formula shortage, and Abbott is facing multiple class action lawsuits on behalf of children sickened with Cronobacter. The House is reportedly expected to vote on DeLauro's $28 million funding measure as soon as Thursday.

Related: Baby Formula Production Ready To Resume At Michigan Plant, Abbott Says