Sen. Lee's FORMULA Act Heads to President's Desk

July 21, 2022

Mr. President,

For months, American babies have endured an unprecedented and prolonged formula shortage. Some doctors have called this the worst crisis of their careers. It has become so widespread that nearly everyone knows someone that has been personally affected. Desperate parents have scoured online marketplaces, reached out to family and friends for help, and paid exorbitant markups to feed their babies. In worst-case scenarios, some resorted to dangerous homemade formulas. Mr. President, in the United States of America, no parent should be left to wonder how they will feed their newborn baby. After months of work and bipartisan collaboration with my colleagues in the House and Senate, I rise to pass needed reforms that will provide relief to hungry babies.

Today, we can take action to alleviate a crisis largely of the federal government’s creation. Poor governance has crippled our domestic formula market. Tariffs and regulations have prevented safe foreign formulas from entering the United States. Currently, the government imposes a 17.5% minimum tariff on formula imports. This tariff has stifled competition. But it doesn’t have to be that way. We can lift these substantial tariffs on the importation of baby formulas and reduce the costs borne by retailers to provide access to safe, affordable formula. Doing so will expand the severely limited formula options for American consumers. This modified version of the FORMULA Act, does just that by waiving these tariffs through the end of the year.

While passing my bill will provide immediate relief, our work is far from complete. I’m committed to doing everything I can, not only to provide this temporary relief but to make the necessary additional reforms to our system to ensure a crisis like this never arises again.

We still have work to do. We must further our efforts by allowing WIC recipients to buy whatever brand of formula is available. We must make meaningful reforms to how the FDA regulates the formula industry. Passing my bill is the first step. In the meantime, I’m actively working on expanding the list of products to receive temporary relief from tariffs. While this is an important first step, it is certainly not the last. This crisis is such that American babies cannot wait any longer than they already have. We have a moral obligation to these infants to say that we did everything we could to fight for them.

Mr. President, passing the FORMULA Act will be an incredible win for families and hungry babies nationwide. It will make meaningful headway that is desperately needed today. By suspending the tariff on formula imports, we are providing cheaper access to individual consumers and retailers alike. This relief has been long overdue, particularly for Utahns, who have the largest families, the most children per capita, and the highest birth rate. I’m grateful for the countless hours of behind-the-scenes work and successful negotiations with my colleagues in the House and Senate, which have resulted in a win for the most vulnerable Americans. I look forward to continuing this important work with them. Passing my FORMULA Act is a victory for families and babies everywhere.