KINGSTON, NY – New York State Senator Michelle Hinchey is urging Governor Kathy Hochul to sign her bill, the Baby Food Safety & Transparency Act, following reports that the Trump Administration shut down a criminal investigation by the U.S. Department of Justice (DOJ) into Abbott Laboratories, the infant formula manufacturer at the center of a 2022 bacterial outbreak linked to infant deaths and hospitalizations. The decision came just months after Abbott contributed $500,000 to President Trump’s inaugural fund. If signed into law, Hinchey’s bill would make New York the first state in the country to require greater transparency and stronger safety testing for baby formula sold in the state.

 

According to a Wall Street Journal report on June 28, 2026, a years-long investigation by the DOJ’s Criminal Division concluded that there was sufficient evidence to pursue criminal charges against Abbott for allegedly selling contaminated infant formula. Despite their findings, the case was halted by senior Trump administration officials before charges could be filed. On July 6, 2026, Bloomberg Government reported that the Deputy Attorney General’s Office overruled career prosecutors’ recommendation to bring criminal charges against both the company and individual executives, instead directing the case toward a civil settlement under the False Claims Act – a dramatically weaker outcome that carries no criminal accountability and is simply a cost of business for the corporation.  

 

The DOJ’s own allegations underscore the severity of the case. In a related civil lawsuit joined by 31 states, including New York, the DOJ stated in November that Abbott "knowingly" failed to follow manufacturing standards designed to prevent contamination, fostered a "culture of concealment" at its Sturgis, Michigan facility, and "withheld information from FDA related to the presence of microorganisms in the Sturgis facility."

Senator Michelle Hinchey said, “It is unconscionable that a company can sell contaminated baby formula and evade criminal accountability because the Trump administration would rather take a check than deliver justice for the babies and families harmed. Every parent reasonably expects that when a corporation commits grievous harm to their children, it will be met with serious consequences, but instead, we are witnessing a complete abdication of duty, and New York cannot wait for Washington to do the right thing. I urge the Governor to sign the Baby Food Safety & Transparency Act and ensure New York has the strongest baby food and formula protections in the country. No parent should ever have to question whether the food or formula they buy for their babies is safe, and my bill will give parents the peace of mind they deserve when feeding their children.”

 

"Parents and caregivers in New York deserve complete confidence in the food they feed their babies," said Brian Ronholm, Director of Food Policy at Consumer Reports. "Our testing shows that while heavy metals in infant formula products remain a widespread problem, there are many safe options available on the market. The bill provides parents with key information that will allow them to make the right choice while also holding infant formula manufacturers accountable. We applaud Sen. Hinchey's leadership on this issue and strongly urge Governor Hochul to sign this into law without delay."
 

Hinchey’s bill passed both the State Senate and Assembly with bipartisan support during the 2026 session and now awaits the Governor’s signature. It represents a common-sense opportunity to do the right thing for all parents and guardians, and for the next generation of children who deserve safe, nourishing food from their very first bites.

 

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