What Happened to Abbott Laboratories DOJ Case and Corporate Crime Enforcement?
Abbott Laboratories has faced numerous Department of Justice (DOJ) cases and corporate crime enforcement actions over decades, including significant settlements for off-label drug promotion and kickbacks. Most recently, the company was under intense scrutiny for its role in the 2022 infant formula crisis, which led to a DOJ criminal probe that was ultimately closed in July 2026, with the department opting for civil penalties instead, amidst reports of political donations.
Quick Answer
Abbott Laboratories has a history of significant legal challenges, including a $1.5 billion settlement in 2012 for off-label drug promotion and a $5.475 million settlement in 2013 for medical device kickbacks. The most prominent recent issue involves the 2022 infant formula recall and subsequent DOJ criminal investigation into its Sturgis, Michigan plant. As of July 2026, the DOJ closed its criminal probe, opting for civil penalties, a decision that drew scrutiny due to reports of a $500,000 donation by Abbott to a presidential inauguration committee. The company continues to face numerous civil lawsuits related to the infant formula crisis, including substantial jury verdicts for Necrotizing Enterocolitis (NEC) cases.
📊Key Facts
📅Complete Timeline14 events
FDA Consent Decree and $100M Fine for Manufacturing Violations
Abbott Laboratories entered into a consent decree with the FDA and was fined $100 million for long-standing failures to comply with Good Manufacturing Practices at its Lake County, Illinois diagnostic products facility. The agreement required Abbott to cease manufacturing certain diagnostic test kits until corrective changes were made.
$1.5 Billion Settlement for Off-Label Depakote Promotion
Abbott Laboratories pleaded guilty and agreed to pay $1.5 billion to resolve criminal and civil liability for unlawfully promoting the prescription drug Depakote for unapproved, 'off-label' uses, such as controlling agitation in elderly dementia patients and treating schizophrenia. This was the second-largest payment by a drug company at the time.
$5.475 Million Settlement for Medical Device Kickbacks
Abbott Laboratories agreed to pay $5.475 million to settle allegations that it violated the False Claims Act by paying kickbacks to physicians to induce them to purchase Abbott's carotid, biliary, and peripheral vascular products.
Infant Formula Recall and Sturgis Plant Closure
Abbott initiated a voluntary recall of certain Similac, Alimentum, and EleCare powdered infant formulas manufactured at its Sturgis, Michigan facility due to potential Cronobacter sakazakii and Salmonella Newport contamination, following reports of infant illnesses and deaths. The plant was subsequently closed.
DOJ Files Complaint and Proposed Consent Decree for Sturgis Plant
The Justice Department filed a complaint and proposed consent decree, which, if entered by a federal court, would allow Abbott to resume manufacturing at its Sturgis facility under specific safety measures and FDA supervision. This action aimed to address the infant formula shortage while ensuring public health.
Appeals Court Denies Abbott's Petition in AndroGel Patent/Antitrust Case
The Third Circuit U.S. Court of Appeals denied a petition from Abbott Laboratories and other entities in a patent and antitrust lawsuit concerning the drug AndroGel 1%, upholding a district court's ruling on the crime-fraud exception to attorney-client privilege.
Court Allows Shareholder Derivative Claims Over Infant Formula to Proceed
A U.S. District Court denied Abbott's motion to dismiss key derivative claims in a shareholder lawsuit, allowing allegations of breach of fiduciary duty and misleading statements related to the infant formula manufacturing and stock repurchases to move forward.
Abbott Secures Defense Verdict in Whistleblower Retaliation Trial
Jones Day secured a complete defense verdict for Abbott Laboratories in a six-day whistleblower jury trial, where a former employee alleged retaliation for reporting regulatory violations in a medical device division. The jury found no actual violations of law.
Supreme Court Reopens Medicare Fraud Whistleblower Case
The U.S. Supreme Court revived a False Claims Act lawsuit against Abbott Laboratories, Arriva Medical LLC, and Alere Inc., alleging knowing Medicare fraud through improper billing for diabetic testing supplies. The case was remanded to the appeals court.
Abbott to Invest $40M in Sturgis Plant to Settle Shareholder Suit
Abbott Laboratories agreed to invest $40 million over five years into its Sturgis, Michigan infant formula plant to resolve stockholder allegations against executives and board members concerning infant formula safety. The settlement aims to enhance sanitation and environmental monitoring.
Jury Awards $53M in NEC Lawsuit Against Abbott
A Cook County, Illinois jury awarded $53 million in damages to four mothers who claimed Abbott Laboratories concealed the risk of Necrotizing Enterocolitis (NEC) associated with its formula, which their babies contracted.
New Whistleblower Lawsuit Alleges Kickbacks for Medical Devices
A former Abbott sales representative filed a False Claims Act lawsuit alleging that Abbott illegally provided opportunities for a Hawaii-based medical practice to perform unnecessary atherectomy procedures to boost sales of Abbott devices. Abbott denies the allegations.
Abbott Laboratories Employees Credit Union Data Breach Settlement
Abbott Laboratories Employees Credit Union (ALEC) agreed to a settlement to resolve a class action lawsuit over an August 2024 data breach that allegedly compromised private information of approximately 36,000 individuals.
DOJ Closes Criminal Probe into Infant Formula Plant, Opts for Civil Penalties
The Department of Justice closed its criminal investigation into Abbott Laboratories regarding the 2022 infant formula outbreak, opting instead to recover money the company earned from selling formula through federally funded nutrition programs. Reports suggest a $500,000 donation by Abbott to a presidential inauguration committee may have influenced the decision.
🔍Deep Dive Analysis
Abbott Laboratories, a global healthcare company, has a long history of interactions with the U.S. Department of Justice (DOJ) and other regulatory bodies concerning corporate conduct. Early enforcement actions include a $100 million fine and consent decree with the FDA in 1999 over manufacturing deficiencies in its diagnostic products division, which required significant corrective measures.
A major turning point occurred in 2012 when Abbott agreed to pay $1.5 billion to resolve criminal and civil liability arising from the unlawful promotion of its anti-epileptic drug, Depakote. The company pleaded guilty to misbranding the drug by promoting it for off-label uses, such as controlling agitation in elderly dementia patients and treating schizophrenia, despite a lack of FDA approval and evidence of adverse events in clinical trials. This settlement included a $700 million criminal fine and forfeiture, $800 million in civil settlements with federal and state governments, and a Corporate Integrity Agreement with the Department of Health and Human Services.
In 2013, Abbott faced further enforcement, settling allegations that it paid kickbacks to physicians to induce them to purchase its carotid, biliary, and peripheral vascular products. The company paid $5.475 million to the United States to resolve these False Claims Act allegations, which originated from a whistleblower lawsuit.
The most significant and recent corporate crime enforcement focus on Abbott Laboratories stems from the 2022 infant formula crisis. Following reports of bacterial contamination (Cronobacter sakazakii) and infant illnesses, including deaths, linked to its Sturgis, Michigan manufacturing facility, Abbott initiated a voluntary recall of several infant formula products and temporarily closed the plant. This led to a severe nationwide formula shortage and prompted a DOJ criminal investigation into the company's handling of the situation.
Throughout 2024 and 2025, Abbott continued to face legal scrutiny. In early 2024, Abbott secured a defense verdict in a whistleblower retaliation trial. However, in December 2025, the U.S. Supreme Court reopened a whistleblower's Medicare fraud case against Abbott concerning diabetic testing supplies. Shareholder derivative lawsuits also progressed, with a federal court in November 2024 denying Abbott's motion to dismiss claims alleging breach of fiduciary duty and misleading statements related to the infant formula crisis.
As of July 2026, the DOJ closed its criminal probe into Abbott's infant formula plant. While some prosecutors reportedly believed they had sufficient evidence for criminal charges, including a misdemeanor under the Food, Drug and Cosmetic Act and charges against at least one individual, top decision-makers opted for civil penalties, specifically clawing back money the company earned from selling formula through federally funded nutrition programs. This decision has been met with controversy, with reports from The Wall Street Journal and Reuters highlighting a $500,000 donation made by Abbott to a presidential inauguration committee, raising questions about potential political influence. Concurrently, Abbott faces a multitude of civil lawsuits related to its infant formula, particularly concerning Necrotizing Enterocolitis (NEC) in premature infants. In March and April 2026, juries awarded significant damages to families in NEC cases, including a $53 million verdict in Illinois. A new whistleblower lawsuit was also filed in June 2026, alleging kickbacks and unnecessary medical procedures involving Abbott's devices. Abbott has denied allegations of collusion and fraud in this new case. In March 2026, Abbott agreed to invest $40 million over five years into its Sturgis plant to resolve stockholder allegations regarding infant formula safety.
What If...?
Explore alternate histories. What if Abbott Laboratories DOJ Case and Corporate Crime Enforcement made different choices?