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Heinrich, Casey Introduce Legislation to Make More Infant Formula in America, Help Prevent Future Shortages

WASHINGTON — U.S. Senator Martin Heinrich (D-N.M.), Chair of the Senate Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, and U.S. Senator Bob Casey (D-Pa.) introduced the Infant Formula Made in America Act, which creates a new tax credit program to support new or expanding small American infant formula producers.

More than two years after a massive infant formula recall impacted families across the nation, Heinrich and Casey are taking action to increase domestic formula production so that parents are able to feed their children without fear of contaminated formula. The new push comes after Reckitt/Mead Johnson, producer of specialty formula for infants with allergies, recalled over 675,000 cans of infant formula. 

“The nationwide infant formula shortage directly impacted New Mexico’s families — forcing parents to travel from store to store in search of formula for their babies, worrying if they’d find enough to keep their little ones fed. By investing in American infant formula manufacturers, we can prevent future shortages from happening and keep our youngest New Mexicans fed,” said Heinrich. "The Infant Formula Made in America Act will help small American infant formula producers expand operations here at home. This means more jobs and investments in working families, while ensuring that no parent has to worry about a formula shortage again.”

“The infant formula shortage was a terrifying burden on families. Too many parents and caregivers were left tired and scared, and we need to make sure this never happens again—there is no greater fear than not being able to feed your child,” said Casey. “The Infant Formula Made in America Act is a vital step in expanding the supply chain, investing in American manufacturers, and keeping infant formula on the shelves.”

Similar legislation was led in the House by U.S. Representative Rosa DeLauro (D-Conn.). 

Background

Heinrich has led a number of efforts in the Senate to bolster American manufacturing of infant formula and prevent future shortages.

In March 2024, Heinrich secured language in the Agriculture Appropriations Bill that directed the USDA to ensure that small infant formula producers in rural areas are eligible for the Business and Industry Guaranteed Loan Program. Heinrich also included language to support the FDA’s work to develop a National Infant Formula Strategy. 

In September 2023, Heinrich called on the FDA Commissioner to ensure that production levels for domestic infant formula remains constant and that store shelves continue to be stocked.

In May 2022, Heinrich helped pass the Access to Baby Formula Act to make sure families who rely on the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) have the baby formula they need. That same month, Heinrich called on President Biden to immediately assign a coordinator within the White House to address the infant formula shortage and implement a national strategy to increase the resiliency of the infant formula supply chain and protect against future contamination and shortages.

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