Austrian prosecutors in Vienna and Innsbruck have opened probes into Nestlé and Danone after a recall of powdered infant formula linked to cereulide contamination, Foodwatch said. Nestlé says it is treating the issue "very seriously" and is cooperating with authorities; Danone had not commented at the time of reporting. The probes follow a March criminal complaint by Foodwatch and civil actions by families alleging health problems. Cross-border media investigations raised questions about notification speed and so-called "silent" withdrawals, and EU officials have said silent recalls are not permitted under EU rules.
Austrian Prosecutors Open Probes Into Nestlé and Danone After Cereulide-Linked Infant Formula Recall
Baby milk bottle and scoop of infant formula.
Austrian prosecutors have opened formal inquiries into two major baby-formula manufacturers after a wide-ranging recall linked to cereulide contamination. Consumer group Foodwatch said the Vienna Public Prosecutor is investigating Nestlé, while the Innsbruck Public Prosecutor has opened a probe into Danone.
Investigations Under Way
The investigations follow a criminal complaint filed by Foodwatch in March. Austrian authorities are examining whether the companies fulfilled their legal duties in relation to the recalled powdered infant formulas and the handling of the recall.
Company Responses
A Nestlé spokesperson told Just Food the company is treating the matter "very seriously" and is cooperating fully with authorities. The company said that, "based on the information available to date, no causal link has been established between the infant formula and the reported symptoms."
"Ensuring the safety and quality of our products is our highest priority. We continue to cooperate fully with the competent authorities. Based on the information available to date, no causal link has been established between the infant formula and the reported symptoms."
Danone had not responded to Just Food's request for comment at the time of reporting, and neither the Vienna nor the Innsbruck prosecutor's offices had issued public statements.
Legal Actions by Families
Separately, a family in Dornbirn has filed a civil suit against Nestlé alleging their toddler experienced vomiting, breathing difficulties and weight loss late last year after consuming the recalled formula. The civil claim seeks damages under the Product Liability Act, including compensation for pain and suffering and care costs. Foodwatch has said many parents have reported similar symptoms in recent months after using potentially affected powdered milk.
About the Recall and Health Concerns
The recalled products were linked to cereulide, a toxin associated with Bacillus cereus that can cause vomiting, abdominal cramps and diarrhoea. The recall widened globally in January when Danone, Lactalis and several smaller producers joined the withdrawals.
Cross-Border Reporting and Regulatory Response
Investigations by Radio France, RTS and RTBF questioned how quickly Nestlé informed European authorities and reported that some products were quietly withdrawn in Austria and Germany. The European Commission has said that a so-called "silent recall" is not permitted under EU rules.
French prosecutors opened probes in January into the deaths of two children reportedly having consumed formula that was later recalled by Nestlé; in March prosecutors in Bordeaux concluded that the death of one child was not linked to the recalled Nestlé product. In February more than 20 families in France sued the government alleging shortcomings in the recall investigation. The EU also tightened inspections of arachidonic acid oil imports from China, which were identified as an ingredient source connected to the contamination concerns.
Current Status
The Austrian probes, related civil lawsuits and ongoing investigations across several countries mean the matter remains active. Authorities and courts will determine whether there were legal breaches in the recall process or product safety failures, while manufacturers maintain that they are cooperating and investigating the issue.
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