Home
/
RELIGION & LIBERTY ONLINE
/
Regulations worsened the baby formula shortage
Regulations worsened the baby formula shortage
Oct 28, 2025 8:42 AM

Had U.S. baby formula producers not been protected from petition, there would have been many more options available to parents when one lab became contaminated. And a 70-year-old wartime act would have remained a trivia question.

Read More…

The world is an economics classroom if we allow ourselves to learn from it. Every day we’re bombarded with puzzles that the economic way of thinking can help solve. One of the more recent examples of this is the infant-formula shortagethat plagued an industry already confounded by pandemic-related supply chain issues. An investigation by the U.S. Food and Drug Administration (FDA) of Abbott Laboratories discovered traces of a carcinogen in the powdered baby formula produced in Abbott’s Sturgis, Michigan, plant. This led the FDA to recall several brands of powdered formula, including Similac, Alimentum, and Elecare, all of which rely on the formula produced in that same plant.

In response to the resulting shortage, the FDA called for greater flexibility in the importation of infant formula. This brings us to the economic puzzle. The stated point of regulation in many cases is to protect public health and consumer safety. The assumption driving these regulations is that the market cannot or will not regulate itself, or perhaps won’t regulate itself enough. This generates calls for the state to use its regulatory apparatus to get the “right” level of regulation. But how do we know what the “right” level of testing and, in this case, labeling guidelines are the correct ones? Bureaucrats and regulators face the same knowledge constraints as anyone else, whether civilians or entrepreneurs.

Regulators must balance different types of errors. Type I errors occur when a drug or product has been introduced that is unsafe or ineffective. Type II errors occur when safe drugs and products have been either prevented from entering the market or delayed because of too much testing. The FDA needs to have the appropriate incentives to ensure that, ideally, we mit either type of error. What we’re seeing with the infant formula shortage is an example of a Type II error.

The U.S. typically produces 98% of the formula it consumes, with formula it does ing mainly from Mexico, Ireland, and the Netherlands. A 2019 medical study reported that most European formulas do not meet FDA labeling requirements. Let’s think about that for a moment. The formula is clearly safe, as millions of European mothers feed it to their babies daily, and Europe is the world’s largest formula producer and exporter, and just not to the U.S. Yet the labelsdo not satisfy the FDA guidelines in part because the ingredients are not listed in the order designated by the FDA and the instructions for how to use the formula are not approved. If that weren’t bad enough, the FDA maintains a red list of items subject to immediate seizure upon importation, and some brands of European formula are on that list.

This is a clear case of a Type II error. Stringent labeling requirements imposed by the FDA exacerbated the crisis caused by the contamination, and the formula market couldn’t easily adapt. The beauty of markets is their adaptability, which is precisely what is needed in a crisis. Without these stringent labeling requirements, there would have been more formula imports and a petitive market. Yet these regulations were put into place to help insulate U.S. manufacturers from petitors, and that’s bad news for consumers any day but especially during a crisis.

The FDA’s recent decision to relax labeling guidelines raises another puzzle: If the regulations aren’t needed in a crisis, were they ever truly useful?

Today four panies control 90% of the American formula market. That would not necessarily be the case if it were easier to produce and import formula. Adding to the problem are high tariffs, up to 17.5% on formula, which also acts to insulate U.S. producers from petition. Regulations tend to have that effect—protecting insiders by creating a system of winners and losers. They also have the unintended consequence of generating hyperbolic reactions to crises.

For example, the Biden administration invoked the Defense Production Act to help U.S. formula makers be first in line to receive the ingredients they need to increase production. The administration also appealed to the Defense Department to use its contacts mercial airlines to bring in more formula. The Defense Production Act was enacted in 1950 in response to the Korean War and allows the president to alter patterns of production merce in the name of security. It is far more reasonable to deregulate these markets than to respond with wartime measures.

We should both eliminate tariffs and encourage freer trade in infant formula. We should relax stringent labeling guidelines that don’t help but, in this case, do great harm. This would open the formula market and reduce industry concentration—free the market to solve the shortage. These Type II errors harm families and, in some cases, create an illicit market for formula—something we clearly don’t want for genuine safety reasons. Freeing the market may not be the politically viable alternative but it’s the one that actually solves the problem and helps consumers. And as should be clear, this economic way of thinking is applicable far beyond the current infant-formula crisis.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Careful what you wish for….
Via Drudge, Australia is joining none other than China in censoring the internet. Here’s a surprising endorsement/justification the writer uses to bottom line the article: The Australian Christian Lobby, however, has ed the proposals. Managing director Jim Wallace said the measures were needed. "The need to prevent access to illegal hard-core material and child pornography must be placed above the industry’s desire for unfettered access," Mr Wallace said. I’m not endorsing porn. But earth to Mr. Wallace: Scan up a...
Federalism and the EPA
There’s a lingering issue that continues to bother me about the so-called “global warming” Supreme Court case from 2007, Massachusetts v. EPA (05-1120), and that is a nagging concern about federalism and environmental standards. As it stands currently, individual states are often prevented from enacting tougher legislation or regulation regarding some forms of pollution than the federal EPA standards. In order for a state EPA to partner with the federal EPA, be “authorized,” and thus receive funds, “a state must...
Election Preaching
The election day sermon was an important institution in colonial New England. It was one delivered by Samuel Danforth in 1670 that furnished the venerable Puritan concept of America as an “errand into the wilderness.” (For more, see Nathan Hatch, The Democratization of American Christianity.) One need not share the Massachusetts colony’s view of church-state relations (one of the chief tasks of government was the suppression of heresy) to recognize that the election day sermon served a useful purpose. The...
Obama Reparations Radio Interview Begs a Question: Does Wealth Redistribution Actually Help the Poor?
A 2001 radio interview of Barack Obama surfaced yesterday in which he said that “one of the tragedies of the Civil Rights movement,” and one of the limitations of the Warren Supreme Court, was that although they won such formal rights as the right to vote and “sit at the lunch counter and order,” they “never ventured into the issues of redistribution of wealth.” A caller to the station, WBEZ Chicago 91.5 FM, then asks if the courts are “the...
Busted
The lyrics to “Busted,” written by Harlan Howard, and made famous as performed by Johnny Cash: My bills are all due and the babies need shoes, But I’m Busted Cotton’s gone down to a quarter a pound And I’m Busted I got a cow that’s gone dry And a hen that won’t lay A big stack of bills Getting bigger each day The county’s gonna haul my belongings away, But I’m Busted So I called on my brother to ask...
Baby Stepping Toward the Nanny State
Is Senator Obama a closet socialist waiting for inauguration day, at which time he and a Democratic Congress will immediately pursue a massive increase in the size and power of government in our lives, panied by massive tax increases and massive redistribution of wealth? Or is he really a moderate pragmatist, a canny politician who when he was getting started in politics used his radical contacts from his ultra-leftwing Hyde munity, but now is in a position to use more...
Why Not Learn Some Economics First?
According to a report from the Zenit News Service, Cardinal Renato Martino, president of the Pontifical Council of Justice and Peace, recently insisted that the “logic” of the market be changed. He said that the logic “was till (sic) now that of maximum gain, and therefore the most investments possible directed toward obtaining maximum benefit. And this, according to the social doctrine of the Church, is immoral.” This is because, according to the Cardinal, the market “should be able to...
“A lot of people are hungry for this…”
A Boston-area Church of Christ is using environmental stewardship to boost membership. The United Church of Christ, to which the Newbury congregation belongs, has called upon its members to e more deeply engaged in stewardship initiatives. Gary Gardner, a senior researcher at the Worldwatch Institute, an environmental research organization in Washington, wrote in 2002 that the union of environmentalists and religious institutions is "a bination that until recently remained virtually unexplored. . . . Each looks at the world from...
Saving the Free Market
The famous Austrian economist, Joseph Schumpeter, despaired for the future of the free market system. The reason for this despair was that the excess wealth of the system would create educated folks who would turn on the very system that created them. Their education would make them into anti-capitalist ideologues, who would then kill the goose that laid the golden egg. He did not think that those who participated in the creation of such enormous wealth would be in any...
Birth of Freedom Shorts Series: How did Plato and Aristotle justify slavery?
In this week’s Birth of Freedom short video Sam Gregg, author of On Ordered Liberty, discusses the views that two influential ancient philosophers held regarding human equality and the practice of slavery. If you haven’t seen the other 7 video shorts, you can check out the rest of the series, learn about premieres in your area, and discover more background information at . ...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved