Nestlé Faces Criminal Probe After 13-Day Delay in Reporting Cereulide in Baby Formula Recall 2026

Paris prosecutors launch criminal investigation into Nestlé, Danone, Lactalis, Babybio, and La Marque en Moins over infant formula concerns

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Nestle
The Swiss food giant has recalled over 800 products in 60 countries, marking its largest recall in company history, according to Austria.

Thirteen days. That's how long Nestlé allegedly waited before alerting authorities to lab results showing a dangerous toxin had contaminated its baby formula.

Paris prosecutors have now opened a criminal investigation into the Swiss food giant and four other infant formula manufacturers. The probe follows a complaint filed by consumer watchdog Foodwatch on behalf of eight families whose babies fell ill after drinking contaminated formula. And it raises a question parents across 60 countries are asking: why did it take so long?

According to reports, lab tests on 26 November 2025 detected Bacillus cereus in products at Nestlé's Dutch factory. The company didn't notify Dutch food authorities until 9 December. Public recalls? Those came even later, with Austria's health ministry calling it 'the largest recall campaign in the company's history', affecting more than 800 products from over 10 factories.

Parents Were Left in the Dark

Those 13 days weren't just a bureaucratic hiccup. They meant potentially contaminated products stayed on shelves and in family kitchens while the company ran what it called a 'health risk analysis'.

'From the consumers' point of view, the delayed recalls mean that the contaminated products had in fact been on sale for months,' said Ingrid Kragl of Foodwatch International. 'The infant formula boxes were discarded, and it is by no means certain that the doctors or emergency services looked for the cereulide.'

The investigation targets Nestlé, Danone, Lactalis, Babybio, and La Marque en Moins. Local prosecutors in three French towns are separately looking into the deaths of three infants. No causal link has been confirmed. But the timing has shaken parents to the core.

'Someone Worked Around It'

The contamination traces back to arachidonic acid (ARA) oil, an ingredient added to the formula to support infant brain development. The supplier is widely reported to be a Chinese firm, Cabio Biotech, though manufacturers haven't officially confirmed this.

Here's where it gets damning. Speaking to AgFunder News, a CEO in the precision fermentation industry didn't mince words.

'If you have a bacterial infection, you clean, sterilise, fix the root cause, and start again; you don't work around it and then send product out the door, which is what I suspect went on here,' the executive said. 'You can't just cross your fingers and hope for the best because you're meeting specs by filtering out contaminants.'

The insider added: 'Everyone is focusing on Nestlé and Danone et al. And they should. But we need to peel back the layer and look further upstream.'

Babies Got Sick, Some Were Hospitalised

Seven European nations have reported infants with gastrointestinal distress after consuming formula: Austria, Belgium, Denmark, France, Luxembourg, Spain, and the UK. British health authorities alone documented at least 9 clinical reports of babies showing symptoms consistent with cereulide poisoning, part of a wider cluster of 36 cases reported across the region, according to government data.

Cereulide is nasty. It's heat-stable, meaning boiling water won't destroy it. Once it's in the formula, you can't cook it out. The only fix is destroying contaminated batches entirely.

Foodwatch says it has investigated cases showing a 'worrying pattern': babies with recurrent vomiting, persistent diarrhoea, fever, and abdominal pain that didn't respond to standard treatment.

New EU Rules: Are They Enough?

Brussels has responded. Starting 26 February, all ARA oil shipments from China must carry official certificates proving lab tests found no cereulide. Half of all consignments will face physical checks at EU border posts.

The European Food Safety Authority has also set an acute reference dose for cereulide in infants, filling what analysts called a 'glaring regulatory gap'. Before this crisis, no harmonised safety standard existed.

The Financial Toll

Nestlé disclosed a $210 million (£158 million) hit from the recall and warned of further drag on 2026 results. But financial analysts at Jefferies estimate industry-wide losses could reach $1.6 billion (£1.2 billion).

Foodwatch spokeswoman Sarah Häuser isn't satisfied: 'Companies that delay public warnings or withhold critical safety information must face real, deterrent sanctions. So far, the consequences for such violations have been far too lenient.'

13 days of silence. Dozens of confirmed cases. And hundreds of families are still waiting for answers.

Originally published on IBTimes UK

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