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Close up of baby formula texture and spoon, representing baby formula tariffs.
(Photo Credit: pics five/Shutterstock)

Baby formula tariffs overview: 

  • Who: Representatives Adrian Smith (R-NE) and Don Beyer (D-VA), and Sens. Mike Lee (R-UT) and Bob Menendez (D-N.J.) have proposed the Formula 3.0 Act. 
  • Why: The proposal would permanently remove tariffs and other trade restrictions placed on baby formula products. 
  • Where: The proposal would affect consumers nationwide. 
  • What are my options: You can purchase baby formula through Thrive Market.

A group of lawmakers are making a bipartisan push to permanently remove tariffs and other trade restrictions on baby formula products, following the expiration of several emergency measures that had been put in place to increase supply in the United States. 

U.S. Representatives Adrian Smith (R-NE) and Don Beyer (D-VA), and Sens. Mike Lee (R-UT) and Bob Menendez (D-N.J.) have proposed what is being called the Formula 3.0 Act, in an effort to strengthen the US baby formula market. 

The proposal comes a little more than a year after the US dealt with a nationwide shortage of baby formula that was largely driven by Abbott Laboratories being forced to temporarily shutter its Sturgis, Michigan plant following the deaths of two babies. 

The baby formula plant in Sturgis, Michigan was linked to a contamination of salmonella and Cronobacter sakazakii after two babies died following them consuming Abbott’s Similac PM 60/40 baby formula. 

Lawmakers argue baby formula supply shortage highlighted ‘fragility’ of the market

Beyer, in a statement last week, said the fact that a problem at one facility could lead to a “drastic supply shortage and massive price increases” highlighted “the fragility of the domestic infant formula market.” 

“Due to high tariffs and other protectionist obstacles preventing high quality infant formula imports from the global market, parents with small children were left scrambling to find affordable alternatives,” Beyer said. 

Infant formula importers mostly start off with tariffs between 14.9% and 17.5%, with their duties increasing once they reach a certain threshold, according to a May 2022 congressional report, reports Law360. 

Amidst the nationwide shortage, however, Congress temporarily waived the import tariffs in July 2022, with both chambers agreeing to suspend the duties at that time in a vote that was nearly unanimous. 

In March, the U.S. Food and Drug Administration presented a call to action to baby formula manufacturers that revealed new strategies to use to prevent outbreaks of Cronobacter at their facilities. 

Top Class Actions is also participating in an investigation into baby formula given to premature babies. If you have a baby born prematurely or preterm who developed necrotizing enterocolitis after receiving formula, you may have a legal claim.


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One thought on Congress proposes lifting tariffs, trade restrictions on imported baby formula

  1. Get A Life says:

    Perhaps passing laws to increase quality and standards, enforcing code laws already on the books and banning chemicals/GMO’s would be the better solution. This is why EU/Canadian and even Mexican products are better, this is why 92% of our products are banned there. But I’m sure they just want to bring lift and bring even more junk poison from China, India, Pakistan Vietnam, etc.

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