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On February 13, 2026, the Paris public prosecutor opened five separate investigations into Lactalis, Nestlé, Danone, Babybio, and La Marque en Moins over contamination of infant formula with cereulide toxin. [1] The prosecutor’s office cited “a large number of complaints filed nationwide and the technical nature of the investigations” as reasons for taking up the cases. [2]
Consumer watchdog Foodwatch International filed a criminal complaint on January 29, 2026 representing eight families whose children experienced vomiting after consuming infant formula. [3] At least 24 families in France are taking legal action against the government for investigation failures in the recall. [4]
The investigations are being conducted by the Central Office for Combating Environmental and Public Health Offenses (OCLAESP) and the National Veterinary and Phytosanitary Investigation Brigade (BNEVP). Local prosecutors in Angers, Bordeaux, and Blois are conducting separate investigations concerning three infant deaths to determine if a causal link exists with contaminated formula consumption.
Lactalis Picot Formula Recall
On January 21, 2026, Lactalis voluntarily recalled six batches of Picot brand infant milk across 18 countries due to the presence of cereulide in an ingredient sourced from a supplier. The affected countries include France, Australia, Chile, China, Colombia, Republic of the Congo, Czech Republic, Ecuador, Georgia, Greece, Kuwait, Madagascar, Mexico, Monaco, Peru, Spain, Taiwan, and Uzbekistan.
The recalled batches had been on sale since January 2025 with expiration dates extending to March 2027. Lactalis stated it “acted without waiting for results of the investigations conducted at the supplier” after discovering cereulide levels above precautionary thresholds established by the company.
What Is Cereulide?
Cereulide is a heat-stable toxin produced by the bacterium Bacillus cereus that can cause severe nausea, vomiting, abdominal cramps, and diarrhea. The toxin cannot be destroyed by cooking or boiling water, making it particularly dangerous in infant formula that is reconstituted with hot water before feeding.
Symptoms typically appear rapidly between 30 minutes and six hours after ingestion. In younger infants, cereulide can disrupt the body’s salt balance and lead to complications such as dehydration, which can be life-threatening for babies who consume bottles every three hours.
Contaminated ARA Oil Ingredient
The contamination has been traced to arachidonic acid (ARA) oil, an omega-6 fatty acid commonly added to premium infant formulas to support brain and eye development. The contaminated ARA oil was supplied by a Chinese manufacturer, though the supplier has not been officially named by authorities.
ARA oil had previously been classified as a “low-risk” ingredient in the Hazard Analysis and Critical Control Points (HACCP) system, receiving only routine testing. Industry insiders indicate manufacturers will likely upgrade ARA oil to “high-risk” status requiring more frequent and intensive testing following the contamination crisis.
Reported Illnesses and Deaths
As of February 19, 2026, seven European countries—Austria, Belgium, Denmark, France, Luxembourg, Spain, and the United Kingdom—reported cases of infants with gastrointestinal symptoms following consumption of infant formula products. The UK Health Security Agency received 36 clinical notifications of children with symptoms consistent with cereulide toxin poisoning.
French health authorities are investigating three infant deaths potentially linked to contaminated formula, though no causal connection has been scientifically established. Belgium confirmed one infant fell ill in January 2026 after consuming contaminated Nestlé formula, with stool samples confirming cereulide poisoning; the child recovered completely after 10 days.
Brazilian authorities confirmed two infants experienced persistent vomiting and diarrhea after consuming recalled formula. Singapore’s Food Agency confirmed one case with mild symptoms likely associated with cereulide exposure, noting that no definitive clinical laboratory tests exist to confirm cereulide poisoning.
Testing and Confirmation Challenges
Confirming cereulide poisoning in infants is structurally difficult because symptoms closely resemble common viral gastric infections. According to reports, only one French laboratory can test for cereulide, access requires bureaucratic approval, and no laboratory can detect the toxin in patient samples.
Testing for cereulide is not routinely available in most clinical settings across Europe. By the time parents seek medical attention, formula containers are often discarded, making it nearly impossible to confirm whether consumed formula contained the toxin.
European Regulatory Response
The European Food Safety Authority (EFSA) issued guidance on February 2, 2026 establishing an acute reference dose for cereulide at 0.014 micrograms per kilogram of body mass. France had independently lowered its acceptable daily exposure threshold to this same level one week earlier, prompting additional formula withdrawals.
The guidance came nearly two months after the first recalls began, exposing glaring regulatory gaps in the absence of established safety thresholds for cereulide in infant formula. Prior to February 2026, no EU-level or national framework specified maximum permissible levels of cereulide toxin in baby formula.
Scope of Global Recalls
The cereulide contamination crisis represents one of the largest infant formula recalls in history, affecting products in more than 60 countries worldwide. What began as Nestlé’s precautionary recall of 25 batches in 16 European countries in December 2025 expanded globally throughout January 2026.
Major manufacturers including Nestlé, Danone, Lactalis, Vitagermine (Babybio), La Marque en Moins, Granarolo, and Hochdorf all recalled products. Affected brands include SMA, Beba, Guigoz, Alfamino, Aptamil, Cow & Gate, Little Steps, Dumex, Picot, and Bimbosan formulas.
Delayed Communication Criticized
Consumer advocates sharply criticized manufacturers for delayed public warnings about contaminated formula batches. Nestlé detected low levels of cereulide during routine checks in late November 2025 but did not issue widespread public recalls until January 2026.
Foodwatch International director Nicole van Gemert questioned why consumers only learned in January 2026 that 60 countries were ultimately affected when only nine were disclosed in December. Contaminated Lactalis batches had been on sale for at least one year before the January 2026 recall, with some Nestlé products available for months before withdrawal.
Financial Impact on Manufacturers
Nestlé estimates recall costs will not exceed CHF 200 million (€219 million), representing approximately 0.5% of the company’s annual revenue from recalled products alone. However, the larger 5% of revenue from all infant formula products faces reputational risk and potential consumer confusion.
Danone shares plunged 8-11% in the aftermath of the recalls, with infant formula comprising approximately 21% of the company’s group revenues and an even higher percentage of profitability. Nestlé shares declined approximately 5% while Cabio Biotech, a Chinese ARA supplier linked to contamination by market analysts, saw shares fall nearly 12%.
Legal Theories and Potential Charges
The Foodwatch criminal complaint requests investigation into potential violations including endangering infant health, aggravated deception, marketing harmful products, and failing to execute timely recalls. Under French law, companies found guilty of “deception regarding goods posing danger to human health” face up to seven years imprisonment and fines of 3.75 million euros.
The complaint targets not only manufacturers but also national food safety authorities for potential oversight failures. Questions focus on why Dutch authority NVWA initially stated no distribution occurred in the Netherlands and Belgium, only to issue recalls weeks later after Nestlé’s investigation revealed broader contamination.
U.S. and Canada Unaffected
Lactalis confirmed that the U.S. and Canadian markets were not affected by the cereulide contamination recalls. American and Canadian formula production uses different supply chains and ingredient sources not connected to the contaminated Chinese ARA oil supplier.
Contact an Attorney
If your infant experienced vomiting, diarrhea, dehydration, or hospitalization after consuming Lactalis Picot, Nestlé, Danone, or other recalled infant formula products, contact an experienced product liability attorney immediately.
Time limits apply to filing product liability and personal injury lawsuits, and critical evidence including formula containers, packaging, lot numbers, medical records, and photographs must be preserved. An attorney can investigate whether your infant consumed contaminated batches, determine the extent of injuries and required medical treatment, pursue compensation for medical expenses and ongoing care needs, and hold manufacturers accountable for distributing products containing a heat-stable toxin that caused a global public health crisis.
References
1. https://www.insurancejournal.com/news/international/2026/02/17/858169.htm
2. https://www.just-food.com/news/nestle-lactalis-danone-in-paris-probe-over-infant-formula-recalls/
3. https://www.foodingredientsfirst.com/news/foodwatch-criminal-complaint-infant-formula.html
4. https://www.just-food.com/news/nestle-lactalis-danone-in-paris-probe-over-infant-formula-recalls/
5. https://www.aljazeera.com/news/2026/1/22/french-firm-lactalis-latest-to-recall-baby-formula-amid-contamination-scare
6. https://www.france24.com/en/france/20260122-french-dairy-giant-lactalis-recalls-baby-formula-in-18-countries-due-to-toxin
7. https://www.cnbc.com/2026/02/16/baby-formula-nestle-danone-probe-aptamil-sma.html
8. https://www.euronews.com/health/2026/01/26/why-baby-formula-is-being-recalled-across-europe-toxin-contamination-puts-companies-on-ale
9. https://www.just-food.com/news/baby-formula-recalls-risk-low/
10. https://www.dairyreporter.com/Article/2026/01/30/global-infant-formula-recall-exposes-industry-and-regulatory-gaps/