New Senate bill introduced by Sen. Mike Lee seeks to avoid another formula shortage

Michelle Budge, Deseret News
Michelle Budge, Deseret News

A new bill introduced in Congress by a bipartisan group of lawmakers, including Utah Sen. Mike Lee, is meant to stop a formula shortage from happening again.

The FORMULA 3.0 Act, was introduced by Lee, a Republican, alongside Sen. Bob Menendez, D-N.J., in the Senate, and Reps. Adrian Smith, R-Neb., and Don Beyer, D-Va., in the House. The bill would permanently waive tariffs on infant formula base powder.

Announced in a press release on Thursday, this act builds off a previous bill introduced by Lee in 2022, the FORMULA Act, which temporarily suspended tariffs on imported formula and was signed into law in July 2022.

“The relief provided by this legislation played a crucial role in enabling formula companies to bring more supplies to the United States, easing the burden on families in need,” the press release says.

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Beyer said that last year, the fragility of the infant formula market was exposed when “a problem at just one company’s facility led to a drastic supply shortage and massive price increases for parents nationwide,” per the release.

The Deseret News previously reported on how the formula supply dried up in the U.S. after bacteria was found at an Abbott Nutrition plant in Michigan, which was supplying 40% of the country’s baby formula.

Other factors that may have contributed to the shortage include a reduced number of women who were breastfeeding, a baby boom and people panic buying and hoarding formula, according to a survey by Demographic Intelligence.

The shortage moved Congress to approve Lee’s previous FORMULA Act, which lifted tariffs on foreign-made baby formula for 90 days, according to the Deseret News.

The lawmakers said the new law would provide “a continuous and reliable supply for families. By doing so, domestic manufacturers will be able to increase their production, further easing the formula crisis in the United States.”

Sen. Katie Britt, R-Ala., who supports the bill, said, “As a mom of two, I know firsthand how critical it is to be able to find formula for your baby,” and added, “During the formula shortage last year, too many families were forced to confront the unthinkable, often desperately searching and coming up empty-handed.”

Lee said, “The welfare of our families, especially our infants, is of utmost importance. The formula shortage has highlighted the need for long-term solutions that promote accessibility and affordability.”