Bice, Johnson, Spanberger, Schrier Introduce Bill to Prevent Future Formula Shortages

Washington, D.C. – 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.

“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.”

“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.” 

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.