Preterm nutrition and NEC · Evidence guide
The preterm-formula cases concern a narrow and medically complex question
Families allege that specified cow's-milk-based products contributed to NEC in premature infants. Research compares feeding strategies, but a population result does not decide an individual lawsuit.
What families allege
The federal complaints allege that specified cow's-milk-based formula or fortifier products contributed to necrotizing enterocolitis in premature infants and that Abbott and Mead Johnson failed to provide adequate warnings. Those are allegations, not a conclusion that formula caused NEC in every exposed infant.
The cases are coordinated in MDL 3026 in the Northern District of Illinois. JPML listed 825 pending actions on August 3, 2026.
What the feeding research can say
A 2024 Cochrane review examined 12 randomized or quasi-randomized trials involving 2,296 very-preterm or very-low-birthweight infants. It found that donor human milk reduced NEC risk compared with formula when sufficient maternal milk was unavailable.
The authors also noted that several trials were small or old and that some had methodological weaknesses. Most importantly, the comparison addresses feeding strategies across studied groups. It does not prove that a particular product caused NEC in a particular infant.
A court ruling shows why individual law and facts matter
In one MDL case, Mead Johnson challenged requested damages and certain pleading allegations under North Carolina law. The court granted part of the damages motion and denied the request to strike jurisdictional allegations.
That decision did not decide whether the product caused NEC. It addressed a particular complaint, a particular state's damages law and a procedural motion—an important reminder that one ruling does not set the outcome for every family.
Verification ledger
Primary sources
Preterm Infant Nutrition transfer order
The official description of the allegations selected for centralization.
MDL 3026, pages 1-3
Inman memorandum opinion and order
A case-specific defense motion and the court's limited ruling.
No. 22 C 3737, Document 25, pages 1-3 and 8-9
Donor human milk and NEC prevention
The 2024 systematic review of donor milk versus formula in very-preterm or very-low-birthweight infants.
PMID 39239939 · DOI 10.1002/14651858.CD002971.pub6
Pending MDLs by Actions Pending
The dated federal case-count snapshot.
PDF page 2, MDL 3026