Bill · H.R. 2300· House(119-HR-2300)
To ensure national uniformity with respect to certain requirements relating to preterm infant formula, and for other purposes.
- Introduced
- 3/24/2025
- Last activity
- 3/24/2025 — Referred to the House Committee on Energy and Commerce.
- Sponsored by
- Diana Harshbarger
- Cosponsors
- - 1 - 1
- Introduced
- In Committee
What this bill would do
This bill aims to create national uniformity regarding requirements for preterm infant formula. It directs the Secretary of Health and Human Services to conduct a study on the availability of this formula and the various laws and regulations surrounding its production and safety. The study includes looking into whether the Food and Drug Administration should require premarket approval for these products. For a two-year period, the bill establishes a temporary preemption of State laws and regulations that differ from specific Federal acts regarding preterm infant formula. This includes a specific exception for civil or criminal actions involving willful misconduct that causes death or serious physical injury.
Yes· 3 of 7
Would children be better off under this?+5
The bill addresses safety and availability of essential nutrition for infants.
Does this give the federal government more power?+5
The bill increases federal power by preempting State laws regarding preterm infant formula.
Would business owners be better off under this?+4
Manufacturers benefit from national uniformity and preemption of varied state laws.
The opposite
Does this leave more decisions to the states?-5
The bill reduces states' rights by preempting their ability to regulate preterm infant formula for two years.
Does this protect the right to fair treatment by the courts?-2
The bill places a higher burden of proof on plaintiffs in certain civil actions.
Who it would affect, and how
Potential Positive Impacts for People
-
Increased Information on Formula Availability: The Secretary of Health and Human Services will study the availability of preterm infant formula in the United States (Section 1(a)(1)(A)).
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Investigation of Safety and Regulatory Standards: The study will examine Federal and State laws and regulations relating to the design, development, manufacture, and safety of preterm infant formula (Section 1(a)(1)(B)).
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Potential for Stricter Federal Oversight: The bill directs a study on whether requiring manufacturers to obtain premarket approval from the Food and Drug Administration would be appropriate (Section 1(a)(1)(C)).
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Protection Against Willful Misconduct: There is an exception that allows for civil or criminal actions if a manufacturer engages in willful misconduct that causes death or serious physical injury (Section 1(b)(3)(A)).
Potential Negative Impacts for People
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Limitation of State Regulatory Authority: For a period of two years, States and their political subdivisions are prohibited from establishing or enforcing requirements for preterm infant formula that are different from or in addition to certain Federal requirements (Section 1(b)(2)).
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Dismissal of Legal Actions: Any pending civil or criminal action that seeks to implement or enforce a requirement preempted by this bill must be dismissed (Section 1(b)(4)).
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Burden of Proof on Plaintiffs: In cases involving willful misconduct, the plaintiff carries the burden of proving their claim by clear and convincing evidence (Section 1(b)(3)(C)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Children+5Good For Business Owners+4Good For Women+3Good For Low Income Households+2
- Healthcare
- Improves Healthcare Access+4
- Economy And Finance
- Improves Consumer Protection+3
- Governance And Ideology
- Increases Federal Power+5Increase States Rights-5Improves Due Process-2
- 4/24/2025
- 1 Cosponsor added.
- 3/24/2025
- Referred to the House Committee on Energy and Commerce.
- 1 Cosponsor added.
- Introduced in House
Mike CareyRepublican · Ohio
Bradley SchneiderDemocrat · Illinois