CHARLESTON — West Virginia Attorney General Patrick Morrisey is leading a 15-state coalition in a letter to the Federal Trade Commission in response to the commission’s request for comments on possible causes of the nationwide baby formula shortage.
“This painful supply-chain ordeal has once again shown that excessive federal regulation is no answer to the problems facing everyday Americans,” Morrisey wrote, adding the shortage has struck some of the most vulnerable populations the hardest. “In West Virginia, for instance, rural mothers living far from grocery stores and operating under government-assistance restrictions have found it even harder to find the food their children need. In other words, this shortage is not a mere inconvenience. It is a crisis.”
In the letter dated June 24 and sent to FTC Chairwoman Lina Khan, the coalition specifically responded to the commission’s request for information concerning “the impact of FDA regulations” on the shortage, as well as the impact of state competitive bidding for the Special Supplemental Nutrition Program for Women, Infants and Children, commonly known as WIC.
Overregulation and WIC-related market distortions exacerbated a formula shortage already worsened by the Biden administration’s flat-footed response to problems at a critical manufacturing facility — the Abbott facility in Michigan.
“Besides taking a more proactive approach when problems arise in the supply of a critical product like infant formula, this administration should lift needless regulations and revise the competitive bidding process,” Morrisey said. “We conclude that the sort of regulatory reform and reduction to barriers to entry that we propose can be achieved without sacrificing quality or creating any increased risk of adulteration. ...
“Mothers and infants deserve better."
West Virginia was joined in the letter by Arizona, Arkansas, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, New Hampshire, Oklahoma, South Carolina, Texas and Utah.