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Congresswoman DeLauro Statement on House Passage of Bills to Boost Infant Formula Supply

May 18, 2022

Congresswoman Rosa DeLauro (CT-03), Chair of the House Appropriations Committee, today helped pass two bills that will help restore the domestic supply of safe infant formula, ensure every baby has the nutrition they need to live and thrive, and prevent this crisis from potentially happening again.

"We face a serious problem in this country," said Chair DeLauro. "Parents are scrambling to find infant formula, left to wonder how they will feed their child. When and if they finally find formula, they face an impossible choice as they are left wondering whether the formula is even safe for consumption. As I have said before, we should not have to choose between safety and supply when it comes to addressing this issue. I reject this false and dangerous dichotomy. That is why I led a bill to passage that helps get formula back on the shelves and supported another which ensures that those who use the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) have the flexibility they need to purchase safe infant formula with their WIC benefit."

"The infant formula shortage our nation currently faces represents a colossal failure on the part of Abbott Nutrition and the Food and Drug Administration (FDA), which dragged its feet to inspect whistleblower reports that unveiled damning allegations of wrongdoing and neglect on the part of Abbott," continued DeLauro. "The FDA is regulatory agency – period. It is about time they acted like one. In the coming weeks, I will prepare legislation to prevent this crisis from potentially happening again. I will also work with my colleague Chairman Sanford Bishop to hold hearings before the Agriculture Appropriations Subcommittee to examine the FDA's response and why it took so long to act."

The supplemental funding bill (H.R. 7790), sponsored by Chair DeLauro, provides the FDA with urgently needed resources to help address the infant formula shortage, increase the number of FDA inspection staff, provide resources for personnel working on formula issues, help the agency stop fraudulent and unsafe baby formula from entering the marketplace, and improve data collection on the formula market.

The Access to Baby Formula Act(H.R. 7791) provides flexibility so that low-income families can continue purchasing safe infant formula with their WIC benefits during a crisis, such as a supply chain disruption.

Chair DeLauro has been closely tracking this issue since Abbott Nutrition first announced the formula recall which has driven the nationwide shortage. She examined the recall at a recent hearing and submitted for the record a report acquired from a whistleblower who worked at the Abbott facility which produces infant formula recalled by the Food and Drug Administration (FDA) in February. She has also requested investigations into the FDA's handling of the Abbott powdered formula recall.

DeLauro is also preparing legislation that addresses the root causes of this problem to prevent this from happening again.

To read the bill text for supplemental funding legislation to address the infant formula shortage, click here.

To read the bill text for the Access to Baby Formula Act, click here. For a fact sheet, click here.