June 24, 2026
Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To ensure the continued availability of specialized infant formula regulated by the Food and Drug Administration for preterm babies.
Section 1. Short title
This Act may be cited as the Specialized Infant Formula Protection Act
.
Sec. 2. Purpose and findings
(a) Purpose
The purpose of this Act is to ensure the continued availability of specialized infant formula regulated by the Food and Drug Administration for preterm babies.
(b) Findings
Congress finds the following:
(1)
Each year, nearly 380,000 infants are born preterm in the United States. Each year, specialized, preterm infant formula is manufactured and ordered by hospitals to nourish hospitalized and other newborns who are unable to be fed by their mother’s milk.
(2)
Preterm infants in critical and intensive care facilities depend on access to specialized preterm infant formula, formula which is regulated by the Food and Drug Administration.
(3)
Efforts by some parties to engage in procedural gamesmanship through court and jurisdiction shopping in State courts for cases related to preterm infant formula may lead to a limited domestic supply of critical preterm infant formula for vulnerable babies in the United States.
(4)
Because preterm infant formula is under the jurisdiction and oversight of the Food and Drug Administration, it is in the best interest of preterm babies and their families who depend on specialized, preterm formula to have Federal courts maintain jurisdiction over adjudication of civil claims, thus ensuring uniform judicial remedies.
Sec. 3. Federal jurisdiction over certain infant formula actions
Section 1332 of title 28, United States Code, is amended—
(1)
by redesignating subsection (e) as subsection (f); and
(2)
by inserting after subsection (d) the following:
(e) Infant formula mass claims
(1) In general
The district courts shall have original jurisdiction of any civil action arising out of alleged injury caused in whole or in part by preterm infant formula regulated by the Food and Drug Administration, if—
(A)
any plaintiff and any defendant in the action are citizens of different States; or
(B)
any plaintiff is a citizen of a State and any defendant is a citizen or subject of a foreign state.
(2) Rule of construction
Nothing in this subsection shall be construed to limit the authority of the judicial panel on multidistrict litigation under section 1407.
Sec. 4. Removal
Section 1441 of title 28, United States Code, is amended by adding at the end the following:
(g) Infant formula actions
Any civil action bought in a State court over which the district courts of the United States would have jurisdiction under section 1332(e) shall be removable by any defendant without the consent of all defendants.
Sec. 5. Applicability
This Act, and the amendments made by this Act, shall apply to any civil action pending on, or filed on or after, the date of enactment of this Act, without regard to the State court filing date.