Murray Leads HELP Committee to Advancing Key Steps to Address Formula Crisis in Bipartisan Package

Key FDA bill includes steps from Murray, Casey, Burr, and others to ensure accountability from FDA and formula manufacturers

Murray: “Families need accountability from FDA and formula manufactures, and they desperately need formula—and I am pushing to get them both at every opportunity I can.”

(Washington, DC) – U.S. Senator Patty Murray (D-WA), Chair of the Health, Education, Labor, and Pensions Committee, released the following statement on the HELP Committee voting to pass a bipartisan deal, which included policies to respond to the formula crisis which she worked with Senator Casey (D-PA), Senator Burr (R-NC),  and others to pass as part of the FDA Safety and Landmark Advancements (FDASLA) Act.

“Families need accountability from FDA and formula manufacturers, and they desperately need formula—and I am pushing to get them both at every opportunity I can. The legislation we passed today includes several valuable steps from me and my colleagues to address this crisis and ensure we are never in a situation like this again. It requires FDA to investigate and resolve the mailroom issues that hindered its response, requires manufacturers to notify FDA of issues that could disrupt supply, requires FDA to put forward a concrete plan to get formula on shelves as soon as possible, and more. These are all common-sense steps we must get across the finish line, and I’m grateful to Senator Casey for his partnership,” said Senator Murray. “I started pushing for answers as soon as Abbott’s recall was announced, and I am not going to stop pressing for action on this until parents have the formula they need for their kids, and accountability they need to know this will never happen again.”

The Committee took action to address the formula crisis in Section 909 and 910 of FDASLA, and through amendments from Senators Murkowski and Romney.

The bill will:

• Require FDA to conduct annual inspections of each manufacturer of infant formula;
• Require FDA, in consultation with the Secretary of Agriculture, to develop and issue within 90 days of enactment a national strategy on infant formula to increase the resiliency of the infant formula supply chain, protect against future contamination and other potential causes of shortages, and ensure parents and caregivers have access to formula and information they need;
• Require infant formula manufacturers to submit a report to FDA promptly after the initiation of a recall, including a plan of actions the manufacturer will take to address the recall;
• Require infant formula manufacturers to notify FDA of discontinuances in manufacturing that are likely to lead to a meaningful disruption in the supply of infant formula;
• Require FDA to ensure timely communication with manufacturers following an inspection and to re-inspect facilities in a timely manner;
• Require FDA to submit a report to Congress on the development and implementation of new or revised policies and procedures to monitor and ensure the effective receipt, tracking, managing, and prioritization of complaints;
• Establish the Office of Critical Foods in the Center for Food Safety and Applied Nutrition (CFSAN) at the FDA;
• Require FDA to work with other countries to discuss harmonizing regulatory requirements for infant formula;
• Require FDA to submit an annual report to Congress on infant formula submissions and inspections;
• Requires the FDA to notify Congress of a recall of infant formula products and an estimate of any disruption in supply
• Allows importation of specialty infant formula during the current shortage from countries with similar protections as the US, as well as importation for personal use for 90 days;
• And more.

Section-by-section of FDASLA HERE.

Legislative text HERE.

Amendments passed HERE.

Just recently, Senator Murray hosted a call with Congresswoman Kim Schrier (WA-08), Washington state food banks, and a local mother to discuss the impact of the infant formula shortage on Washington state. Senator Murray has been demanding answers and accountability for the infant formula crisis from early on. Senator Murray quickly demanded information from Abbott in light of the recall back in February. Senator Murray also pressed FDA for information about its delayed response to concerns about the Abbott Nutrition facility. In recent weeks, Senator Murray has led her colleagues in pushing infant formula manufacturers to step up and produce more formula to address the national shortage and in calling on the White House to appoint a formula coordinator to lead a national strategy. Last month, Senator Murray also chaired a hearing on the infant formula crisis, during which she grilled Commissioner Robert Califf on the FDA’s response to the crisis.

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