The Defense Production Act was invoked by President Joe Biden on Wednesday to increase baby formula manufacturing in order to ease a nationwide shortage.
Biden wants suppliers to direct goods used to make baby formula to key formula manufacturers before any other customers who may have placed orders for those same items.
The president has directed the Health and Human Services Department and Department of Agriculture to use aircraft from the Defense Department to pick up infant formula from overseas that meets U.S. health and safety standards.
Abbott Nutrition shut down its plant in Michigan due to the discovery of coliform in baby formula. Four infants who consumed powdered formula brands made at the plant fell ill with infections and two of them died.
Abbott had introduced adulterated baby formula into the consumer market, according to the Justice Department. There is no conclusive evidence that Abbott's formula caused the infants to fall ill.
The plant will be reopened under certain conditions, subject to enforcement by a federal court. Abbott said it would take about two weeks to reopen the Michigan facility, and up to eight weeks for products to arrive in stories across the country.
The US produces 98% of the baby formula American parents buy, and four manufacturers dominate the market. The supply chain is disrupted when one plant goes offline.
The FDA is increasing baby formula imports from other countries. To sell formula in the U.S., companies have to submit an application to the FDA, which will review it to make sure it is safe and provides adequate nutrition.
The FDA does not have enough inspectors to make sure imported formula is safe, according to Democratic lawmakers. The FDA only has nine inspectors to keep an eye on infant formula manufacturers, according to the chair of the House Appropriations Committee.
The FDA would get $28 million in emergency funding under the legislation introduced this week.
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