[Congressional Record Volume 168, Number 90 (Tuesday, May 24, 2022)]
[Senate]
[Pages S2637-S2638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                        Infant Formula Shortage

  Mr. DURBIN. Mr. President, the hardest job in America during the 
pandemic certainly fell on the shoulders of our healthcare heroes. We 
owe a great debt of gratitude to the sacrifice and integrity they 
showed during this challenge.
  But I want to add another category and that would be the category of 
parents, particularly of newborn infants during the pandemic. They have 
dealt with school closures and COVID lockdowns, rising prices at the 
checkout counter, and for parents with kids under the age of 5, the 
wait for COVID vaccine has been excruciating.
  Now parents throughout the country are facing another burden--of all 
things--the availability and cost of infant formula. Since the 
beginning of this year, the supply of infant formula in America has 
been reduced by nearly half--half. The obvious question is, Why?
  In February, the Food and Drug Administration discovered that 
Abbott's Michigan factory, which produces Similac, a well-known infant 
formula to many parents, may have been the source of a bacteria 
outbreak. That outbreak sent four infants to the hospital. Tragically, 
it claimed the lives of two. As a result, the factory in Michigan was 
shut down.
  That shutdown and larger supply chain issues has caused a shortage 
and caused panic among many families. At this very moment, parents are 
frantically scouring the internet for formula, driving for hours from 
store to store, and paying obscene prices to shady sellers exploiting 
this desperate situation.
  Some of the parents in Illinois have written to me. One of them is 
Jennifer Sendeski from Deer Park, IL. Eight months ago, she gave birth 
to her son. In her words, it was a moment of ``sheer joy, love and 
excitement.'' Soon after she gave birth, Jennifer joined millions of 
other women in supplementing her son's diet with formula.
  Jennifer wrote to me that ``in the last several months we have been 
fighting an uphill battle to find formula . . . what would have once 
cost . . . $13 for 12 [ounce] can of powdered formula now sells for $40 
. . . if you can find it on the shelves.''
  Jennifer describes her struggle to find that formula as a 
``nightmare.'' She is not alone. Another mother named Jennifer, who 
lives in Lake Zurich, IL, said the formula shortage is ``becoming 
dire,'' in her words.

[[Page S2638]]

  Sadly, these moms are right. The shortage is dire. That is why I am 
grateful that the President has sprung into action trying to help these 
parents and families. Two days ago, the administration completed its 
first shipment of more than 75,000 pounds of imported formula as part 
of Operation Fly Formula, enough for more than half a million bottles. 
The second shipment is expected in a few days.
  As these shipments reach American shores, President Biden has also 
invoked the Defense Production Act, an authority he has under the law 
to ramp up domestic production. This could help to eliminate supply 
chain bottlenecks and compel manufacturers to prioritize the production 
of infant formula. It is hard to think of anything that would be a 
higher priority.
  Both of these steps are crucial, but in the meantime, if you are a 
parent struggling to find formula, the Department of Health and Human 
Services has a website you should visit, HHS.gov/formula. That is 
HHS.gov/formula. It identifies companies and healthcare providers, food 
banks, and other resources that have supplies available. Let me say it 
again: HHS.gov/formula.

  Additionally, last week, President Biden signed the Access to Baby 
Formula Act into law. It allows parents to purchase more infant formula 
through WIC, which provides nutritional support for low-income 
families, and I believe I read that half the babies in America count on 
WIC.
  Finally, the Food and Drug Administration is working to maximize 
formula production as well--in particular, the production of 
specialized formulas, like hypoallergenic formula, for infants with 
specific health needs.
  The FDA also has entered into an agreement with Abbott to get its 
Michigan factory back in business. That is the largest infant formula 
factory in the country. We need to get it reopened safely and quickly. 
As long as the company meets critical safety standards, we want them in 
production.
  But let's be clear: This disastrous situation could have been averted 
if the FDA was not chronically understaffed and underfunded. At the 
time Abbott's factory was shut down, try to guess how many Federal 
employees had the responsibility for the oversight of this life-and-
death industry. The answer: nine. Nine people within FDA were 
responsible for the oversight of infant formula, nine workers 
monitoring a $3.5 billion industry that directly impacts millions of 
American families.
  These workers are spread way too thin, and here is why that is a 
problem: When a safety issue arises, it can take months for the FDA to 
launch an investigation. That is exactly what happened at Abbott's 
plant in Michigan. The FDA received a complaint about that factory's 
production last October, but they didn't physically inspect the plant 
until January of this year.
  FDA does essential work with limited resources, but it cannot serve 
the needs of the American consumers and families on a thin budget. If 
we want to truly protect the safety and well-being of families and 
kids, we need to step up in Congress. The House of Representatives did 
it last week. House lawmakers passed Congresswoman Rosa DeLauro's 
legislation to provide $28 million in additional funding to help the 
FDA resolve the formula shortage and to prevent the next one.
  This legislation is a no-brainer from my point of view, and that is 
why it is puzzling that 190 Republican Congress men and women voted 
against it. They voted against giving money to the FDA to get the 
infant formula back safely into the homes of American families and to 
prevent any healthcare and safety issue in the future, and 190 
Republicans said: No, I don't want to spend that money. That is right, 
the party that often claims to be so pro-family voted against 
legislation to help parents feed their families, feed their babies, and 
provide parents with the peace of mind that their formula is safe.
  Now, I am sure my Republican colleagues will keep coming to the floor 
this week to express outrage over the infant formula shortage, but as 
you listen to what they say, also watch how they vote. If they are 
serious about protecting kids and families, it is time to vote that 
way. Congresswoman DeLauro's legislation puts us on the right path. I 
hope the Senate joins the House in passing it soon.
  While we are at it, let's also recognize the challenges that were 
facing working families long before the formula shortage and even 
before the pandemic.
  Congress has waited far too long to provide the support working 
families need to thrive. So let's extend the enhanced child tax credit. 
Let's provide paid parental leave. Let's offer postpartum health 
coverage to all new moms. Let's help parents afford the cost of high-
quality education. I think those measures are critical, and they are 
pro-family.
  We have the power to make America the best place in the world to 
raise a family. We are not quite there. Instead of denying families the 
freedom to choose when and how to raise a child, I have a different 
proposal for my colleagues on both sides of the aisle: Let's invest in 
the health and potential of every family in America.
  I yield the floor.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.