NYC declares state of emergency for baby formula shortage: ‘We must act with urgency’

baby formula shortage

Mayor Eric Adams declared a state of emergency due to the baby formula shortage. (Staten Island Advance/Tom Wrobleski)

STATEN ISLAND, N.Y. — New York City has declared a state of emergency due to the shortage of baby formula nationwide.

Mayor Eric Adams signed Emergency Executive Order 98 on Sunday to declare the emergency, which will empower the city Department of Consumer and Worker Protection (DCWP) to prevent price gouging for formula. The effort comes as the nation grapples with a shortage of baby formula, stemming from a voluntary recall and temporary closures of Abbott Nutrition, one of the largest formula providers in the country.

“The nationwide infant formula shortage has caused unimaginable pain and anxiety for families across New York — and we must act with urgency,” said Adams. “This emergency executive order will help us to crack down on any retailer looking to capitalize on this crisis by jacking up prices on this essential good. Our message to struggling mothers and families is simple: Our city will do everything in its power to assist you during this challenging period.”

Nationwide, more than 40% of large retailers are out of stock of infant formula — including 43% of retailers in the tri-state areas, according to the most recent data estimates.

Earlier this week, President Joe Biden invoked the Defense Production Act to direct suppliers of formula ingredients to prioritize delivery to the manufacturers of formula. He also announced the creation of Operation Fly Formula, which directs the U.S. Department of Health and Human Services and the U.S. Department of Agriculture to import formula from abroad, so long as it meets U.S. health and safety standards.

New Yorkers who are overcharged for formula can file a complaint with DCWP online at nyc.gov/dcwp or by calling 311 and saying “overcharge.”

Some retailers, such as Walgreens and CVS, are rationing their supply, limiting customers to purchasing three baby formula products per customer. A recent check-in at retailers across Staten Island found some locations keeping baby formula behind the checkout counter instead of on display in the store.

The FDA and New York State Health Department advise against caregivers making formulas at home and to instead consult the baby’s medical provider before switching to another formula if their usual one isn’t available. The Health Department also asked families not to hoard formula because it will further impact the supply chain and other families.

The New York State Department of Health highlighted various resources last week to help families access infant formula and other baby supplies.

  • Call your OBGYN or the infant’s medical provider to see if they have in office samples or can suggest a similar formula that may be more readily available in stores that is nutritionally similar to meet the infant’s needs.
  • Switch to another brand or type that’s available, if recommended by the infant’s medical provider.
  • Contact a local New York State Women, Infants and Children Office or prescreen with Wanda, the Department’s chatbot, to see if the infant is eligible for WIC benefits.
  • Families with WIC should check the New York State Women, Infants and Children vendor site to find a list of WIC approved vendors who may have formula in stock.
  • Visit smaller stores and drugstores that carry formula. You may want to call first to see if they have formula in stock.
  • Look online for options available, but be sure to only order from well-recognized distributors and pharmacies. Don’t buy formula online from people you don’t know on social media sites, online auctions, or overseas.
  • Check the lot code on the formula that you already have to make sure it wasn’t recalled. Don’t throw away formula that wasn’t part of the recall, unless it is expired.
  • Be sure to follow the formula manufacturer’s preparation and storage instructions.
  • Don’t use toddler formula to feed infants.
  • Don’t water down formula or try to make infant formula at home.
  • Expectant individuals are encouraged to consult with a provider about breastfeeding their infant. The New York State WIC program also provides breastfeeding support and resources to new families. Families feeding a baby with human milk from a source other than the baby’s mother should only use milk from a source that has screened its milk donors and taken other precautions to ensure the safety of its milk.

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