Importer Pleads Guilty to Smuggling European Infant Formula
Able Groupe, an infant formula retailer, pleaded guilty on Nov. 21 to smuggling European infant formula into the U.S. and importing it in violation of the FDA's prior notice requirements, DOJ announced.
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Able Groupe, also doing business as Little Bundle and Huggable, sold infant formula on the website LittleBundle.com, and sold European infant formula in the U.S. starting in 2019. DOJ said many of the formulas the company sold were listed on FDA import alerts given their "failure to meet nutrient or labelling requirements for infant formula."
The importer admitted to attempting to avoid detection and detention of its formula by failing to comply with the FDA's requirements for imported food and by using false commodity descriptions for the goods. Able Groupe ceased operations following an FDA inspection, and recalled 76,000 units of formula in August 2021, DOJ said.
In all, Able Groupe pleaded guilty to two felony charges: importing foods without giving the FDA prior notice as required by the Federal Food, Drug and Cosmetic Act, and passing and attempting to pass "false and fraudulent documents through customs to defraud the United States." Under the company's plea agreement, Able Groupe included a proposed forfeiture of $304,640. DOJ said the settlement will lead to a "total recovery by the Government of approximately $2.3 million."