Speaker Nancy Pelosi said the House will vote this week on emergency legislation to relax some WIC regulations on infant formula, now in short supply, “so that we can get nutrition into the mouths of America’s babies.” Through WIC, the government buys about half of the infant formula sold in the country.
The bill to relax non-safety-related WIC regulations would be followed by an emergency spending bill so the government could buy formula from countries such as Mexico, Chile, Ireland and The Netherlands and import it, said Pelosi during a CNN interview on Sunday. “In addition to all of this, we have to subject these (formula manufacturing) companies to some scrutiny about the safety of this and how we got to a place where we have babies crying in our country because they’re hungry.”
President Biden announced three steps to increase formula supplies last week and White House press secretary Jen Psaki said invocation of the Defense Production Act remained under consideration. FDA commissioner Robert Califf was scheduled to testify at a House hearing on Thursday, where the FDA’s role in the shortage could be a topic.
Formula shortages were a result of the shutdown of a large manufacturing plant in Sturgis, Michigan, in February during an investigation of complaints of contaminated products. Inflation and supply chain disruptions also were considered factors. Manufacturers say production rates now exceed the industry’s volume before the recall.
The USDA, which oversees WIC, has encouraged states for weeks to employ flexibilities in the program to help low-income households get baby formula. WIC regulations, written by USDA and individual states, can have large effects on the availability and distribution of formula, said the White House. USDA encouraged states to allow WIC recipients to use their benefits on a wider range of products so that if certain sizes or types of formula are not available, the families can buy whatever formula that is available.
In a letter to state health commissioners, Agriculture Deputy Undersecretary Stacy Dean urged states to review their use of WIC flexibilities and “take additional action to make it easier for families to get the formula they need.” Most states, but not all, have been given waivers that allow them to exceed the maximum monthly allowance for benefits so recipients can buy larger container sizes, allow WIC recipients to buy a non-contract brand of formula, and allow recipients to exchange recalled formula at the store.
WIC covers half of all infants born in the United States. At latest count, 6.16 million women, infants and children were enrolled in the program and received food benefits of nearly $43 per person per month.
Besides seeking larger imports of formula and wider adoptions by states of WIC flexibilities, the White House asked the Federal Trade Commission and state attorneys general to crack down on price gouging or unfair market practices.
A fact sheet on WIC is available here.