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United States (US) President Joe Biden on Wednesday, 18 May, invoked the Defense Production Act to boost the supply of baby formula. The country is facing a major shortage due to the closure of a key manufacturing plant in Michigan.
"I know parents across the country are worried about finding enough formula to feed their babies," Biden said in a video statement. "As a parent and as a grandparent, I know just how stressful that is."
But what caused this shortage, and what is the 'Defense Production Act'? We explain.
Four manufacturers of baby formula, namely Abbott, Mead Johnson Nutrition, Nestle USA, and Perrigo, dominate the US market. And ever since Abbott Nutrition shut its plant in Sturgis, Michigan, (which happens to be the country's largest manufacturing plant) due to bacterial contamination, parents in the US have struggled to find formula for their infants. It has also left fewer options on store shelves for parents to choose from.
Food and Drug Administration (FDA) investigators then conducted a six-week inspection and later published a list of problems in March. These included lax safety and sanitary standards and a history of bacterial contamination in several parts of the plant.
In a complaint filed on Monday, the Justice Department said that Abbott Nutrition introduced adulterated baby formula into the consumer market.
Abbott maintains that there is no conclusive evidence that its formula caused the infants to fall ill and die. The Chicago-based company maintains that its products have not been directly linked to bacterial infections in children. Bacteria samples found at the plant reportedly did not match the strains collected from the two babies.
However, FDA officials said they were unable to collect bacterial strains from two of the four patients.
FDA officials further said that fixing the violations found at the Abbott plant would take time. Companies need to clean the facility and equipment, retrain their staff, and repeatedly test and document that there is no contamination.
According to Google Trends, Google searches on how to make formula at home have increased by 2400 percent in the last 30 days.
However, the former chair of the American Academy of Paediatrics Committee on Nutrition, Dr Steven Adams, has also seen the same recipe online and advised parents not to use it, dilute formula, or attempt to develop other homemade substitutes.
The shortage is also "disproportionately" impacting low-income women and children, who rely on state-subsidised nutritional programmes for groceries, reported the BBC. Around half of all infant formula sold nationwide is reportedly bought through government subsidised schemes.
According to TIME, families with babies with allergies, gastrointestinal issues, or metabolic disorders who require a certain type of formula for their nutrition have also been severely impacted.
Meanwhile, major retailers like CVS, Walgreens, and Target have started limiting the number of formula products that customers can buy.
The Defense Production Act was passed in 1950 during the Korean War. It gives the president broad authority to require companies to prioritise the manufacture and allocations of goods in times of a crisis.
Suppliers will now have to direct ingredients to baby formula manufacturers before any other companies who may have placed orders for those same goods. However, it remains unclear which major suppliers will be subjected to the order.
The country produces 98 percent of the baby formula that American parents buy.
To help ease the shortage, the FDA said on Monday it was streamlining its review process, which would make it easier for foreign manufacturers to ship more formula into the country.
Biden also wrote a letter to the Department of Health and Human Services and the Department of Agriculture on Wednesday, directing them to work with the Pentagon to identify overseas suppliers of formula that meet US standards over the next week.
"Imports of baby formula will serve as a bridge to this ramped-up production," Biden wrote.
The White House has termed it 'Operation Fly Formula'.
To sell formula in the US, companies are required to submit an application to the FDA. The agency would then review the application to ensure the products' safety for consumption and check if it provides adequate nutrition.
Regulators also said companies would have to provide documentation of their factories' inspections as part of the FDA's new import policy.
DeLauro introduced a legislation this week which would provide the agency with $28 million in emergency funding to increase inspections, check the supply chain and get rid of fraudulent products from getting on to store shelves.
The White House is also expected to approve two bills which would help address the shortage.
One bill would enable the agriculture secretary to issue a narrow set of waivers in case of a supply disruption.
The aim is to give participants in an assistance program known as 'Women, Infants, and Children' (WIC) the ability to use vouchers to purchase formula from any producer rather than buying it from just one brand that may be unavailable.
The WIC program accounts for about half of infant formula sales in the country.
The other measure, the above-mentioned $28 million emergency funding, is likely to have less bipartisan support. There is no clarity if the Senate would take it up.
Meanwhile, Abbott Nutrition reached an agreement with the FDA on Monday to reopen the plant, but under conditions subject to a federal court's enforcement. The conditions include hiring independent experts to ensure that the plant meets US food safety standards.
According to Abbott Nutrition, the Michigan facility would take about two weeks to reopen after receiving FDA approval. The products would also arrive in stores across the country in up to eight weeks.
(With inputs from The Guardian, BBC, TIME and CNBC.)
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