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ICYMI: Senator Peters Announces Bipartisan Legislation to Prevent Future Infant Formula Shortages

Peters’ Bill Comes in Response to Bacterial Contaminations, Infant Deaths, and Product Recalls That Caused Nationwide Formula Shortages in Recent Years

WASHINGTON, DC – Last week, U.S. Senator Gary Peters (MI) introduced bipartisan legislation to help prevent future infant formula shortages. Peters’ bill comes in response to the bacterial contaminations at an infant formula manufacturing plant in Michigan, the deaths of 9 infants, and infant formula recalls that triggered a nationwide shortage in 2022. Peters’ Protect Infant Formula from Contamination Act (PIFCA) aims to strengthen the U.S. Food and Drug Administration’s (FDA) oversight of infant formula manufacturing to improve the safety of our nation’s infant formula supply and ensure American families have access to safe, affordable formula. 

Detroit Free Press: Gary Peters calls for more testing, reporting of infant formula after contaminants found 

“U.S. Sen. Gary Peters, D-Mich., introduced a bill Tuesday calling for additional testing and reporting at infant formula manufacturing facilities after nine deaths were reported and bacterial contamination was detected at a plant in Sturgis, helping to set off a shortage in 2022. 

“‘Parents need to know with absolute certainty that the formula they’re buying for their babies is safe,’ said Peters, who introduced the legislation along with U.S. Sen. John Hoeven, R-North Dakota. ‘I’m committed to making sure something like this never ever happens again.’ 

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“Two of the deaths were linked to Cronobacter sakazakii, a pathogen that most affects newborns and can cause colitis, meningitis, sepsis and respiratory illness, and some of the other reports referred to Salmonella infections. 

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“Noting that the investigation by the CDC and FDA, product recalls and the temporary shutdown of the Sturgis plant helped set off a nationwide shortage, Peters said his legislation will help federal regulators prevent bacterial contaminations and supply chain disruptions if product recalls do occur. 

“If passed, the bill would require infant formula makers to test specifically for Cronobacter or Salmonella in formula marketed for consumption and share any positive results with the FDA, a measure which is not required currently under federal law. That, Peters said, would better help FDA know where it should send inspectors and focus on finished product testing. 

“The bill would also require manufacturers to work with the FDA on how to best get rid of contaminated products since they could otherwise spread throughout a facility.” 

WOOD NBC 8 Grand Rapids: Sen. Peters introduces ‘common-sense’ infant formula bill

“‘This bill is designed to protect infants, to make sure that infants have formula that’s safe to consume,’ Peters told News 8. ‘We all remember the horror stories of contaminated infant formula that came out just a couple years ago, which unfortunately led to the tragic death of some infants and then led to a panic where people were then hoarding formula because of recalls. And many folks were simply not able to get formula for their babies.’ 

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“‘It was an unacceptable situation. We have to make sure that never happens again,’ Peters said. ‘And my bill is as common-sense as you can possibly be, in my estimation.’ 

“Peters, alongside U.S. Sen. John Hoeven, R-N.D., has introduced the Protect Infant Formula from Contamination Act. The bipartisan legislation, he says, would require manufacturing facilities to test infant formula before it leaves the facility. 

“‘Under current law, it is not tested until later. It can be out in the market, out on the shelf. Something gets tested, they find that it’s contaminated, and then that leads to a recall, which then takes formula off the shelves and causes the kind of panic that we saw last time,’ Peters said. ‘So, this legislation says you need to test it before it goes out, and when you find bacterial contamination or any other kind of contamination, you have to report it immediately to the FDA (Food and Drug Administration) so actions can be taken immediately.’ 

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“Some manufacturers are more willing to cooperate than others, according to the senator. 

‘We would hope that manufacturers would institute these things on their own. They haven’t,’ Peters said. ‘That’s why we’re now introducing the legislation to make sure that all manufacturers, not just some, are actually testing their product before it gets out to the shelves.’ 

WXMI FOX 17 Grand Rapids: Senator Peters introduces bill that would prevent infant formula shortages 

“Sen. Gary Peters introduced a bipartisan bill that would keep infant formula shortages from happening in the future. It would also improve regulation on how formula is manufactured. 

“Manufacturers currently test formula that is already in stores. The new legislation, if passed, would require testing before they are shipped. 

“‘A product … going to an infant should have the highest level of protection,’ says Peters. ‘These are without question the most vulnerable folks in our society are infants. Let’s make sure that the formula that they're ingesting is safe.’ 

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“FDA Commissioner Robert Califf voiced his support for the bill. Senator Peters is optimistic it will move quickly through the legislative process.” 

WZZM ABC 13 Grand Rapids: 2 years ago we faced a baby formula shortage, now a Michigan Senator is proposing a bill to prevent that from happening again 

“Just two years ago the nation faced widespread shortages of baby formula after a potentially deadly bacteria was detected at a major facility here in Michigan. 

“Now, a bill in Congress from a Michigan senator is aiming to stop that from happening again. 

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“This comes after the U.S. Census Bureau released new data just a couple of months ago saying that about 35 percent of parents had difficulty getting formula in the fall of 2022, and 20 percent still had that problem just last summer. 

“13 ON YOUR SIDE spoke with Senator Gary Peters about the bill and why, given the recalls that happened a couple of years ago, it's being put forward now. 

“‘There were then inadequate supply, especially as people started hoarding other infant formula, because they were concerned it wasn’t going to be available,’ said Peters ‘And then that led to even bigger shortages. It’s something that we can never let happen. Again, this bill addresses that issue. And it addresses it in what I think is the most common sense way you can possibly imagine.’” 

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WWMT CBS 3 Kalamazoo: Congress considers new rules for baby formula after deaths linked to West Michigan plant

Starting in February 2022, a baby formula factory in West Michigan shut down for months, triggering a nationwide shortage. 

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“‘People started hoarding infant formula and there was a shortage,’ Peters told News Channel 3. ‘Many babies simply couldn’t get the formula needed. That cannot happen again. We have to do everything to stop that.’ 

“Peters has introduced bipartisan legislation to try and help prevent future baby formula shortages. 

“Called the Protect Infant Formula from Contamination, or PIFCA Act, the legislation would take a ‘three-pronged approach’ to reduce the risk of infant formula contamination from the bacteria Cronobacter sakazakii, which caused infant deaths that triggered the shortage, according to officials. 

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“‘We only have a few manufacturers in this country (of baby formula), so it is not a very resilient supply chain,’ Peters said. ‘We saw that during the pandemic. When you only have a few manufacturers, when something gets messed up in one or two of them, it affects everything.’” 

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WXYZ ABC 7 Detroit: Call For More Infant Formula, Michigan Senator Introduces New Legislation 

 “The tragedy that led to a shortage of infant formula in 2022 is behind new legislation in the U.S. Senate tonight. Nine infant deaths were reported amid the discovery of contamination at the Abbott plant in Sturgis, Michigan. There was never a certain link, but the issue led to recalls and empty shelves. Michigan Senator Gary Peters introduced the new legislation. He told me this afternoon it calls for more specific testing before formula leaves the factories.  

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“‘This is one that I think everybody agrees that we should be protecting the most vulnerable in our society and infants are certainly in that category. And this is as common sense as you get so I would hope common sense prevails. I’m going to push it aggressively and hope to get it passed as soon as possible.”’ 

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