Rep. Steel Introduces Legislation to Address Baby Formula Shortage

Press Release

Rep. Michelle Steel (R-CA) has introduced bipartisan legislation to address the baby formula shortage affecting families nationwide. The Access to Baby Formula Act, introduced with Rep. Jahana Hayes (D-CT), creates certainty for Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) recipients and infant formula manufacturers in the event of another emergency or supply chain disruption. It's estimated that 40% of formula is out of stock, causing desperation for parents and families. This legislation will be on the House Floor later this afternoon.

"As a parent there's nothing more important than ensuring the health and safety of your child. Families desperate to feed their babies shouldn't have to face empty shelves because of government mismanagement and overregulation. This bipartisan legislation will provide certainty for recipients and manufacturers, ensuring this crisis doesn't happen again," said Rep. Steel.

"From day one of the Abbott recall, the U.S. Department of Agriculture and State WIC agencies worked with every tool at their disposal to expand options for WIC families searching for infant formula. Many of the contingencies exercised to address this crisis were tied to COVID-related authorities and may not be available to support WIC participants in the event of future emergencies or supply disruptions," said Brian Dittmeier, Senior Director of Public Policy at the National WIC Association (NWA). "The Access to Baby Formula Act will enshrine waiver authorities for WIC and build contingencies into WIC contracts for infant formula, ensuring that the program can swiftly respond to product recalls and supply disruptions. The National WIC Association is grateful to Chair Scott, Rep. Hayes, and Rep. Steel for their ongoing attention to the infant formula supply and their efforts to improve access to essential nutrition for babies across the country."

The federal WIC program provides grants to states to support low-income postpartum and pregnant women, infants, and children up to age 5. Each state then chooses a specific manufacturer to provide formula to WIC recipients. More than half of U.S. states use Abbott Laboratories, whose shut down in February by the Food and Drug Administration (FDA) contributed to the nationwide shortage.

Specifically, the legislation:

Will require manufacturers to submit a plan with their bids for contracts that will cover how they will address an emergency or disruption without impacting WIC recipients.
Will allow the Secretary of Agriculture to issue a narrow set of waivers in the event of an emergency or disruption, to help formula get back on the shelves quickly.
The Secretary of Agriculture will require States to be transparent about the need for the emergency declaration and any potential renewal and requires the states to inform the manufacturers of the declaration to ensure they are a part of the conversation.

Source