Congressman Brett Guthrie, who chairs the House Committee on Energy and Commerce, released a statement in response to the Department of Health and Human Services' (HHS) decision to recall ByHeart Whole Nutrition Infant Formula. The recall follows an outbreak of infant botulism that is currently under investigation.
Guthrie stated, “The Committee has a history of conducting oversight of infant formula matters to ensure adequate supply is safe and readily available for families and children. President Trump’s FDA has also done important work through Operation Stork Speed to address these issues, and I am pleased to see his Administration take swift action to restore confidence for caretakers when it comes to their little ones’ nutritional needs. I am grateful to HHS Secretary Kennedy and FDA Commissioner Makary for furthering our commitment to protecting children and mothers through improving the safety and availability of the domestic infant formula supply.”
The House Committee on Energy and Commerce has previously examined the federal response to infant formula shortages. This included reviewing how the U.S. Food & Drug Administration (FDA) handled early warnings about potential crises in supply, as well as its inspection practices. In May 2022, the committee's Subcommittee on Oversight and Investigations held a hearing titled “Formula Safety and Supply: Protecting the Health of America’s Babies” during a national shortage, focusing on both supply chain issues and safety measures.
After this hearing, the committee sent a letter urging then-FDA Commissioner Robert M. Califf to provide full transparency by sharing memos and reports sent to the White House about the crisis with parents.
In September 2022, members from both parties supported a resolution requiring the Biden administration to release documents related to the baby formula shortage. The measure passed unanimously in committee.
Chairman Guthrie has also introduced legislation intended to prevent future shortages, including the More Options for Infants and Parents Act. He is also a cosponsor of the Improving Newborn Formula Access for a Nutritious Tomorrow (INFANT) Act, which aims at strengthening testing standards for contaminants in infant formula products and improving supply chain resilience.
