Home
/
RELIGION & LIBERTY ONLINE
/
Regulations worsened the baby formula shortage
Regulations worsened the baby formula shortage
Dec 13, 2025 4:27 PM

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
John Stonestreet On Religious Persecution, Restrictions Of Liberty
In today’s Christian Post, Breakpoint’s John Stonestreet says it is “bogus” to claim “others have it worse” when es to religious persecution as a way of denying claims of the loss of religious liberty here in the West. Now, let me first state the obvious: Nothing happening here or elsewhere in the West can remotely pared to what Christians in the Islamic world undergo on a daily basis. Our first and second response should be to pray for them, and...
Last Day: Free Download of ‘A Vulnerable World’
Today is the last day you can get a free copy of Acton’s latest monograph, “A Vulnerable World: The High Price of Human Trafficking” by Elise Hilton. Visit Amazon before midnight to download. For more information about the monograph and human trafficking, visit Vulnerable.World. Pope Francis has called human trafficking “an open wound on the body of contemporary society.” This monograph discusses both the economic and moral fall-out of modern-day slavery. ...
The Real War on Christianity
In the Middle East, the Islamic State is crucifying Christians and demolishing ancient churches, write Bethany Allen-ebrahimian and Yochi Dreazen at Foreign Policy. Why is this being met with silence from the halls of Congress to Sunday sermons? Every holiday season, politicians in America take to the airwaves to rail against a so-called “war on Christmas” or “war on Easter,” pointing to things like major retailers wishing shoppers generic “happy holidays.” But on the subject of the Middle East, where...
Abraham Kuyper on ECT
Evangelicals and Catholics Together (ECT) is celebratingitstwentieth anniversary. First Things, whose first publisher Richard John Neuhaus was a founding ECT member, is hosting a variety of reflections on ECT’s two decades, and in its latest issue published a new ECT statement, “The Two Shall e One Flesh: Reclaiming Marriage.” The first ECT statement was put out in 1994. But as recalled by Charles W. Colson, another founding member of ECT, the foundations of evangelical and Roman Catholic dialogue go back...
Vatican Endorses Military Force to Stop ISIS
In a first for the United Nations’ Human Rights Council, 70 countries signed a joint statement specifically addressing the plight of Christians and other minorities in the Middle East. But the Vatican is asking that even more be done for persecuted believers in that region. The Vatican’s top diplomat at the United Nations in Geneva has called for a coordinated international force to stop the “so-called Islamic State” in Syria and Iraq from further assaults on Christians and other minority...
Women Of Liberty: Isabel Paterson
“If there were just one gift you could choose, but nothing barred, what would it be? We wish you then your own wish: you name it. Our is liberty, now and forever.” Isabel Paterson came to influence the likes of Ayn Rand and William F. Buckley, but her early life was rough and tumble. One of nine children, Paterson had only two years of formal education but loved to read. Her father had a difficult time making a living and...
Clergy, Innovation, and Economics
This is a bit second-hand (a source drawing from another source), but I still think the following tidbit on the modern history of clergy and scientific and technological development and discovery in the nineteenth and early-twentieth centuries from Nassim Taleb’s Antifragile is notable: Knowledge formation, even when theoretical, takes time, some boredom, and the freedom es from having another occupation, therefore allowing one to escape the journalistic-style pressure of modern publish-and-perish [sic, probably intentionally] academia to produce cosmetic knowledge, much...
The FCC’s Attack on Religious Liberty
What are we to think of net neutrality? No, seriously, that’s not a rhetorical question—I just can’t remember which side I support. I’ve written about net neutrality at least a half-dozen times (including an explainer piece) and yet for the life of me I can never remember which is the most pro-freedom, pro-market side. Is it opposing neutrality, supporting neutrality, being neutral on neutrality? Opposed, I think. I’m pretty sure it’s opposed. Perhaps that type of confusion is why so...
Apple Watch: Forbidden Fruit?
Over at Think Christian today I examine some of the moral implications surrounding the announced release of the new Apple Watch. In the background of my thinking was a TEDxPuget Sound talk by Simon Sinek that focuses on identifying the “why” of organizations. It’s important to ask the “why” of our consumption as well, which is why I want to know of moral justifications for purchasing something like a $10,000 gold Apple Watch. Please pass along your suggestions in ments...
Russia and Ukraine: An Exceptional Love Affair?
In a meeting with young historians last fall, Russian President Vladimir Putin discussed the annexation of Crimea (RT described this delicately as “the newly returned” Crimea) and reminded them that “Prince Vladimir [Sviatoslavich the Great] was baptized, and then he converted Russia. The original baptismal font of Russia is there.” Matthew Dal Santo, a fellow at the Saxo Institute at the University of Copenhagen, Denmark, uses a public exhibition of art in Moscow (Orthodox Rus. My History: The Rurikids) to...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved