Bill proposed to prevent baby formula shortages

Bill proposed to prevent baby formula shortages 1Congressman Morgan Griffith (R-VA) is an original cosponsor of the More Options for Infants and Parents Act, a bill to help prevent future baby formula shortages and address the immediate crisis families are facing. The bill was introduced by Congressman Brett Guthrie (R-KY), Republican Leader of the Energy and Commerce Subcommittee on Health.

“The infant formula shortage has created anxiety and disruption for parents and children across the country. The More Options for Infants and Parents Act would make important reforms, including the publication of a list of potential substitutes and requiring health officials to act with more urgency to avert shortages. We cannot accept infant formula shortages, and this bill would help prevent them from reoccurring,” said Griffith.

“A baby formula shortage is truly a life and death issue that should never have to be a concern for parents in the United States. Unfortunately, it has not been uncommon for parents in Kentucky and across the nation to go store to store and spend hours to find baby formula for their child during this shortage. I’m extremely frustrated by the Biden Administration’s clumsy response to this crisis and that it took months to get a major baby formula manufacturing plant back up and running. I introduced the More Options for Infants and Parents Act to take steps to ensure this never happens again. My bill would require the FDA to immediately review all pending applications for new baby formula to get products on the shelves as quickly as possible, keep families informed on shortages and appropriate baby formula substitutes, and provide the FDA new flexibilities on labeling and nutrition requirements to give families access to substitutes during a shortage,” said Guthrie.

This bill is also being co-sponsored by Congressman David B. McKinley, P.E. (R-WV), Congressman Kelly Armstrong (R-ND), Congressman John Joyce, M.D. (R-PA), Congressman Larry Bucshon, M.D. (R-IN), Congressman Neal Dunn, M.D. (R-FL), Congressman Earl L. “Buddy” Carter (R-GA), and Congressman Gus Bilirakis (R-FL).

Background: 

  • Requires the FDA to review all pending baby formula submissions under the Federal Food, Drug, and Cosmetic Act (FDCA) no later than fourteen days after the bill’s enactment
  • Requires the Secretary of the Department of Health and Human Services (HHS) to publish and keep an up-to-date list on the FDA’s website that details
    • Appropriate substitutes for formula products that the Secretary has determined are in shortage or are at risk of being in shortage
    • Appropriate substitutes for formula products that individuals with amino-acid or metabolic conditions rely on and that the Secretary has determined are in shortage or are at risk of being in shortage; and
  • Gives the HHS Secretary the ability to waive any applicable labeling and nutritional requirements to facilitate substitutions for products in shortage

Click here for the More Options for Infants and Parents Act’s bill text.