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RELEASE: RO KHANNA CALLS FOR BOLDER ACTION ON FORMULA SHORTAGE FROM BIDEN ADMINISTRATION

July 22, 2022

Washington, DC – Today, Representative Ro Khanna (CA-17), Deputy Whip of the Progressive Caucus, sent a letter calling on Secretary Thomas J. Vilsack, Secretary Lloyd James Austin III, Secretary Xavier Becerra, Commissioner Robert M. Califf, and Administrator Robin Carnahan to take bold action to address the ongoing infant formula shortage and its impact on working class families.

"Operation Fly Formula, alongside the Administration's invocation of the Defense Production Act, ensured that countless American families were able to feed their children during the height of the crisis. However, the demand for formula continues to outweigh the supply, and I believe bold action must be taken to address this continuing crisis," wrote Representative Khanna.

The Administration's Operation Fly Formula has transported just one week's worth of formula and current stock is only meeting 72% of demand. In his letter, Rep. Khanna calls for additional steps to tackle the shortage, including purchasing surplus baby formula in large quantities from Europe and supporting more funding to expedite the production of infant formula.

"While every family is undoubtedly feeling the impact of this shortage, it's hitting working families the hardest: panic-fueled buying is furthering the shortages, and families who can't afford to stockpile formula continue to face price gouging from secondary sellers and exorbitant shipping costs from online retailers," he continued.

The full text of the letter is below.

July 22nd, 2022

Secretary Thomas J. Vilsack, U.S. Department of Agriculture

Secretary Lloyd James Austin III, U.S. Department of Defense

Secretary Xavier Becerra, U.S. Department of Health and Human Services

Commissioner Robert M. Califf, U.S. Food and Drug Administration

Administrator Robin Carnahan, General Services Administration

Dear Secretaries and Administrators,

Thank you for all your Departments and Agencies have done to respond to the baby formula shortage. Operation Fly Formula, alongside the Administration's invocation of the Defense Production Act, ensured that countless American families were able to feed their children during the height of the crisis. However, the demand for formula continues to outweigh the supply, and I believe bold action must be taken to address this continuing crisis.

According to a recent article from the Wall Street Journal, the Administration has only transported a week's worth of formula since the onset of the crisis. Current stock is only meeting 72% of demand, and parents are describing their search for formula as, "[a battle] to see who can get the formula first." While every family is undoubtedly feeling the impact of this shortage, it's hitting low-income families the hardest: panic-fueled buying is furthering the shortages, and families who can't afford to stockpile formula continue to face price gouging from secondary sellers and exorbitant shipping costs from online retailers. Out of desperation, many are using formula brands that are incompatible with their children's nutritional needs.

I urge you to consider these four simple actions that your departments and agencies can work collectively on to immediately to address this urgent crisis:

  1. Immediately purchase surplus baby formula in large quantities from Europe for the U.S. market.
  2. Through the FDA, create a mutual recognition system. Formula that is safe for babies in Europe is also safe for American babies; bureaucracy cannot stand in the way of American children receiving nutrition.
  3. Support more funding to expedite the production of infant formula. With four companies constituting over 80% of the current market share, it comes as no surprise that a disruption in one facility has led to a ripple effect across the entire nation.
  4. Regularly provide briefings for Congress regarding the state of the crisis, so that we can assist our constituents and craft any legislation necessary.

I believe we must take robust action to support families across the nation, both through this current crisis and in the long term. I appreciate your full and fair consideration, consistent with applicable agency guidelines, of immediate steps that can be taken to address this urgent matter, and I look forward to your timely response.

Sincerely,

Ro Khanna

Member of Congress