Johnson Leads Bill to Prevent Future Formula Shortages

Washington, D.C. – Today, U.S. Representative Dusty Johnson (R-S.D.) introduced the Formula Shortage Reporting Act of 2022 to ensure the Food & Drug Administration (FDA) receives timely information from manufacturers about anticipated disruptions of infant formula supply. Reps. Stephanie Bice (R-OK), Abigail Spanberger (D-VA), and Kim Schrier, M.D. (D-WA) are original cosponsors of the legislation.

“Infant formula is medically necessary. The FDA should be informed of any future delays – but currently, that’s not the law of the land,” said Johnson. “South Dakota was hit hard during this formula shortage – my bill allows us to be better prepared should an issue at a formula plant ever happen again.” 

“American families should never have to stare at empty shelves of formula and worry about how they will feed their baby ever again,” said Rep. Stephanie Bice (R-OK). “I’m proud to support this critical legislation that would require full transparency and accountability from infant formula manufacturers and the FDA. It is imperative that the FDA effectively monitor potential supply chain disruptions and take steps to avoid shortages from happening in the future.”

“With proper warnings and oversight, this formula shortage could have been prevented. The FDA needs accurate and timely information about potential shortages of ingredients or supply chain disruptions — and the American people, particularly parents, deserve this information,” said Rep. Abigail Spanberger (D-VA). “This bipartisan bill would require American formula manufacturers to notify the FDA Commissioner about looming interruptions that could be coming down the road. In this way, we can make sure baby formula stays on the shelves, contingency plans are made, and families have renewed peace of mind. I want to thank my colleague and friend Congressman Johnson for his partnership on this commonsense measure.”

“It seems inconceivable that we could have a baby formula shortage in 2022. This is preventable. Most babies, even those who are primarily breastfed, rely on formula. Baby formula is a little bit different from food in that babies under six months are nearly entirely dependent on it. In some ways, it makes it more like medicine than food. We need an early warning system for when formula supplies may be getting low so we can take the necessary action to prevent such a shortage from happening again,” said Rep. Kim Schrier, M.D. (D-WA).

In May, Johnson questioned the FDA about their knowledge of the looming shortage. While Abbott Nutrition voluntarily recalled their formula, there is currently no requirement the FDA must receive advance notice of the facility issues and the impact it would have on the market.

The bill outlines a reporting requirement under the Federal Food, Drug, and Cosmetic Act and would require:

• Formula manufactures to provide notice to the FDA at least 72 hours prior to an interruption.
• Notice of the reasons for the interruption or discontinuance of a product that could lead to a disruption, whether an ingredient or equipment is the reason for the delay, and how long the interruption is expected to disrupt production.
• A 30-day compliance period to provide all necessary information should a manufacturer not comply with the mandatory reporting requirement.
• Manufacturers will be found in violation of Section 301 of the Federal Food, Drug, and Cosmetic Act, which is punishable by fine and/or jail time should they not comply.