Congress PASSES $28 million in emergency funding to fix the baby formula shortage

The House of Representatives on Wednesday night passed a bill to provide $28million in emergency funding to address the baby formula crisis after parents blasted President Joe Biden for taking too long to invoke the Defense Production Act.

Republicans said the legislation was covering up for the administration’s ‘ineptitude’ during the crisis and is only ‘throwing money at the FDA’ rather than fixing the problem. 

The House passed two bills. The first was a measure approved on a 414-9 vote that will allow low-income women to purchase more baby formula through the federal Women, Infant and Children (WIC) program.

The second, the Infant Formula Supplemental Appropriations Act of 2022, provides the funding as parents across America struggle to find supplies to feed their children and was passed on a 231-192 vote.

Their fates are uncertain in the Senate, but Democratic Majority Leader has said he will try and pass the bills by unanimous consent – even though it could be blocked by one Senator. 

Nancy Pelosi celebrated the votes, but Republican House Whip Steve Scalise urged his colleagues to vote no because the legislation was covering up the administrations ‘ineptitude’, according to The Hill.

He said Democrats put forward the legislation ‘in hopes of covering up the administration’s ineptitude by throwing additional money at the FDA with no plan to actually fix the problem, all while failing to hold the FDA accountable’. 

House Republican Conference Chair Elise Stefanik also proposed a GOP the Babies Need More Formula Now Act that would increase the supply by lifting restrictions on the importation of infant formula and reducing barriers to innovation by new brands

Biden, on Wednesday evening, invoked the Defense Production Act to boost baby formula production and issued a directive for planes to bring in supplies from overseas, after growing pressure from Congress. 

In addition to invoking the Cold War-era law to compel suppliers to direct resources to infant formula manufacturers before any other customer, Biden announced ‘Operation Fly Formula.’

It will direct Defense Department, Department of Agriculture and Health and Human Services resources to getting planes loaded with formula that meets FDA standards from other countries to bring it to the US.

The Defense Department will use its contracts with commercial airlines to transport the formula back to the US.

Despite the fact that concerned parents have repeatedly called on the president to address the shortage, the move was met with backlash online.

‘This should have been done weeks ago. Biden’s admin is utterly worthless and incompetent,’ one Twitter user slammed.

‘This is a HORRIBLE IDEA!! The government sucks at everything,’ echoed another. ‘They regulate the industry to death, don’t address it when they know its coming & are least able to fix it!’

‘We are stunned that it took this long for our government to react. Frankly, we wonder how it is possible that one of the most wealthy and powerful nations in the world, is unable to provide essential, vitally important goods the youngest and of the most vulnerable segments of our population?,’ Jordan Lewis, of upstate New York, told DailyMail.com Wednesday. 

‘It is fantastic that President Biden is now taking action with the Defense Production Act.

‘However, his indecisiveness and failure to tackle the problem head on before it became severe issue has lead to doubts in many communities including mine.’

The US relies on domestic producers for 98 percent of the baby formula it consumes.

The average out-of-stock rate for the key product hit 43 percent earlier this month, according to Datasembly.

Earlier Wednesday a bipartisan group in the House brought forth a resolution imploring Biden to invoke the Defense Production Act.

Twenty members of the House, eighteen Democrats, two Republicans, and many who face competitive re-election races, co-sponsored the resolution, led by Rep. Josh Gottheimer, D-N.J.

Co-sponsors include Reps. Elissa Slotkin (D-Mich.), Mikie Sherrill (D-N.J.), Elaine Luria (D-Va.) and Chris Pappas (D-N.H.), and others. It has two Republican backers as well: Reps. Don Bacon (R-Neb.) and Maria Salazar (R-Fla.)

The resolution joins several other pieces of legislation, including one bill from a bipartisan group of senators led by Marco Rubio that would order Biden to invoke the DPA and approve the sale of European-produced baby formulas in the U.S. 

Critics have noted that the FDA has rigid labeling standards for containers that prohibit the sale of many European-made products, even if the content itself is deemed safe to consume. The agency also strictly enforces a 90-day waiting period before any new infant formula is allowed into interstate commerce. 

Biden wrote in a letter to Health and Human Services Sec. Xavier Becerra and USDA Sec. Tom Vilsack on Tuesday:

‘Imports of baby formula will serve as a bridge to this ramped up production, therefore, I am requesting you take all appropriate measures available to get additional safe formula into the country immediately.

‘Specifically, I request that you work expeditiously to identify any and all avenues to speed the importation of safe infant formula into the United States and onto store shelves.’

Initially caused by supply chain blockages and a lack of production workers due to the pandemic, the shortage was exacerbated in February when, after the death of two infants, manufacturer Abbott announced a ‘voluntary recall’ for formula made at its factory in Michigan and shut down that location.

A subsequent investigation cleared the formula, and the FDA reached an agreement on Monday with Abott to resume production. But it will take weeks to get the critical product back on store shelves.

The desperation of parents has been highlighted on social media, where hundreds of thousands of posts called on the White House, FDA and other leaders to take action. 

It was no different when Biden unveiled his plan to invoke the Defense Production Act, a move that has been both applauded and highly criticized by infant caregivers.  

‘Wow! Invoking the Defense Production Act? Federal planes. Biden is not your run of the mill @POTUS,’ wrote Twitter user @glenlg2. ‘At least when one says Biden’s actions are ‘unprecedented,’ one can always rest assured that it’s for a good cause.’

‘I’m glad Biden is invoking the defense production act to help fix the formula shortage,’ journalist Jessica Grose shared. ‘But it should never have come to this, and reforming WIC permanently should happen too.’

‘This president just did a fabulous thing,’ Catherine Morrison said. ‘I don’t like Biden but he is doing the right thing here, congratulations Mr. President.’

‘Defense Production Act aka another one of Trump’s messes Biden is cleaning up,’ @Justdrewisme tweeted, slamming Biden’s predecessor, Donald Trump, while others placed the blame on America’s current leadership.

Twitter account @NoLiberals argued: ‘Biden invokes Defense Production Act for baby formula (to basically fix a problem HIS administration CREATED when it shut down a factory making 40% of the baby formula in the US)!’ 

‘Do you realize Mr. President how ridiculous it sounds to invoke the Defense Production Act to provide baby formula to mothers in this country?’ questioned @johnwlathrop. ‘BTW I’m a real person and I vote.’

‘It’s all so they can brag about how he handled the formula crisis hoping he can get votes. They won’t mention that he caused it,’ echoed @HRLovellart. 

‘Dems blow it again… reward stock buybacks, greed, & consumer price gouging… surprise, with more taxpayer funded WELFARE!’ J. M. Hamilton said, blasting the Democratic party.   

‘SleepyJoe aka Biden invoking of the Defense Production Act is a travesty,’ Tom Martinez wrote. ‘His goons at the FDA and other government agencies are the ones who caused the shortage of baby formula in the first place by shutting down factories. This jerk needs to be impeached. #BidenTreason.’

‘So let me see if I have this straight,’ criticized @DonCamp29856335. ‘Joe’s plan is for the military to fly baby formula, made in America and shipped to other countries around the world, back to the USA?’

‘I wouldn’t feed my child infant formula under Biden’s Defense Production Act. IMPORTING baby formula from CHINA?’ @Sandra26865205 wrote. 

‘Ingredients from Asian countries? We have manufacturers in AMERICA that have been shuttered for months BECAUSE OF BIDEN. He starves us out then offers crumbs. A**hole!’

‘The Defense Production Act isn’t necessary. Lower the tariffs on formula and end the labeling requirements that make it hard to import. By the time you get plants to start producing formula the market will have righted itself already,’ wrote @Krysx7. ‘Why are you people so bad at this?’ 

‘I suppose now that Biden pulled the Defense Production Act from the archives his handlers will say that he saved American babies while he was pushing abortion after birth,’ added user @Suzanne54837213. 

Jillian Arroyo, of Falls Church, Virginia, who alongside her husband Chris has rallied lobbied legislators amid the shortage, told DailyMail.com that Biden’s latest action has offered a glimpse of hope for her family.

‘I am relieved this issue is getting the attention and action it has been desperately needing. Families have been struggling for months, and if the Defense Production Act gets us out of this predicament, we are supportive,’ she said on Wednesday.

‘As to the other recent updates, specifically the FDA and Abbott reaching an agreement on steps to reopen the Sturgis plant – we are cautiously optimistic. I am grateful the correct steps are finally being taken, and it feels like we are on the right path, but I can’t breathe a sigh of relief yet. 

She added: ‘We will see how it pans out in the coming weeks.’

The Arroyos have a 21-month-old daughter with allergies and special dietary needs who is dependent on formula for her nutrition. The couple, in an interview with DailyMail.com, previously criticized the Biden Administration for failing to ‘treat the shortage as the public health crisis’ it has become.

Biden most recently used the 1950 Defense Production Act to ramp up production of critical minerals. The act allows the federal government to compel certain industries to ramp up production in times of national emergency. 

The act was used to ramp up production of large capacity batteries, electric vehicles and the energy sector, both to reduce reliance on China amid increasing tensions and to address rising oil prices amid the Russian invasion of Ukraine. Russia is a major supplier of such minerals. 

Trump used the DPA at the height of the pandemic to crack down on hoarding of PPE, limit exports of medical goods and to increase production of tools to fight Covid-19 like ventilators. Biden has also used it to speed up vaccinations and testing. 

An Abbott Nutrition manufacturing plan in Sturgis, Michigan shuttered in February after four infants who drank its formula were hospitalized with a rare bacteria infection. Two babies died after consuming the product, and the Food and Drug Administration (FDA) announced an investigation into potential contamination. 

Abbott has acknowledged that is recall has worsened the formula shortage, but insisted that ‘after a thorough review of all available data, there is no evidence to link our formulas to these infant illnesses.’ 

The shortage began in November, when the out-of-stock rate for formula was about 11 percent for the country.  

On average 40 percent of the nation’s baby formula is currently out of stock. Shortages are above 50 percent in some areas and the issue is hitting children with allergies and health conditions more severely.

President Biden’s home state of Delaware is second hardest-hit by the shortage– formula was 54.4 percent out of stock there, according to Datasembly, a grocery and retail pricing data firm. 

Biden on Friday suggested it would have taken a ‘mind reader’ to predict the baby formula shortage.

‘If we’d been better mind readers, I guess we could have,’ Biden said when asked if his administration should have acted sooner.

‘We’re going to be in a matter of weeks – or less – getting significantly where more formula is on shelves,’ he said.

Abbott reached an agreement with the FDA this week that could see its products restocked in about two months, after it reopens its Sturgis plant. 

Abbott said its tentative timeline to reopen the plant was in about two weeks, and products to be restocked in about six to eight weeks.  

FDA commissioner Dr. Robert Califf said he thought the timeline was doable, but refused to commit to when parents could see relief. 

‘We believe those timeframes are reasonable,’ adding that the FDA expected supply to normalize ‘in the next couple of months.’