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I found a nut shell in a can of baby formula. I contacted the company and told me to return the product. They also sent a letter

Holland, MI |

The letteter I was sent stated the products are made under sanitary conditions and should not be contaminated. The company sent me a return label and a small bag to seperate the foriegn matter I found in the formula. I am now scared to prepare my sons formula. I can not switch formula cause this company is the only one that makes the non milk base formula my son needs due to cow protien allergy. I was sent two replacement cans but have not used them. If they are admitting that there products are made in sanitary enviroment and go through several quality checks, then why was my product contaminated and what can I do?

Attorney Answers 3

  1. Without an injury, a lawsuit would be fruitless. Hopefully, it's an isolated incident.

    Only 29% Contingency Fee! Phone: 215-510-6755

  2. Since it appears that you son needs this specific brand of formula, then carefully examine the contents of the 2 cans before using them. Since your son was not injured you have no basis to sue the company because there are no damages.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

  3. Thank goodness there was no injury - therefore, no claim to bring.