Home
/
RELIGION & LIBERTY ONLINE
/
Regulations worsened the baby formula shortage
Regulations worsened the baby formula shortage
Jan 27, 2026 7:48 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
Cardinal Pell: Climate Hysteria is Hubristic
Today, George Cardinal Pell delivered a lecture at the invitation of the Global Warming Policy Foundation titled “Eppur’ si muove, or ‘yet it moves:’ One Christian Perspective on Climate Change.” He insisted that a scientific consensus is a lazy basis for the making of policy, and that before states impose drastic environmental regulations, an analysis of their demonstrable costs and benefits must be undertaken. Galileo is supposed to have muttered the lecture’s title after recanting his heliocentrism in the face...
Vatican Releases Note on Global Financial Reform
This morning the Pontifical Council for Justice and Peace issued a bold statement advising how to bring order to the global financial crisis. I was in attendance at the much anticipated press conference that was organized to debrief reporters on the statement’s content. The statement came in the form of a “Nota” (“Note” in Vatican terms): Towards Reforming the International Financial and Monetary Systems in the Context of Global Public Authority. The President and Secretary of the Council, together with...
Vatican Roves Far Afield with Central World Bank Idea
Kishore Jayabalan, director of Istituto Acton in Rome, is quoted extensively in a story about the Vatican’s note on economic centralization written by Edward Pentin, a reporter for the National Catholic Register. If you wonder why the Acton Institute is around — why we feel the need to connect your good intentions with sound economics — well, Kishore explains: Kishore Jayabalan… ed the Vatican’s attempt to deal with the economic crisis, but he said their conclusions were based on “political...
Vatican’s Call for Central World Bank: What the Left Misses
Samuel Gregg is quoted in today’s New York Times story about the Vatican note calling for a central world bank — he gives the final word on the document. The “politically liberal Catholics” quoted before him reveal that they have missed a crucial distinction in the document produced by the Pontifical Council for Peace and Justice. Gregg, of course has picked up on that distinction; he wrote yesterday: Putting aside doctrinal questions, this text also makes claims of a more...
Frank Schaeffer’s Fundamentalist Fakery
Frank Schaeffer: Bachmann, Palin, Perry Use Religion Like Snake Oil Salesmen (2011) Remaining Orthodox in a Secular World : A Sermon by Frank Schaeffer (2002) Mark Tooley, president of the Institute on Religion and Democracy (IRD), has a story on about Frank Schaeffer’s call for the Occupy Wall Street protesters to go after evangelical Christians. Schaeffer is the son of evangelical theologian Francis Schaeffer (1912-1984). Tooley: A blogger for The Huffington Post, young Schaeffer is now faulting religious conservatives for...
Samuel Gregg: Cardinal Pell’s Intellectual Fortitude Is Refreshing
Acton’s director of research, Samuel Gregg, blogs about Cardinal Pell’s speech on global warming over at The Corner. He summarizes the remarks and then provides their ecclesiastical context, defending both the cardinal and the Pope from the radical left and from charges of submission to intellectual fashion. [Pells] key points are simply that (1) the scientific debate is not over, (2) the climate movement has always seemed more driven by ideology than evidence, and (3) this isn’t a basis for...
Rev. Sirico: The Vatican’s Monetary Wisdom
In the Wall Street Journal, Acton Institute President and Co-Founder Rev. Robert A. Sirico looks at the recent “note” on economics released this week by the Vatican. The document, titled “Toward Reforming the International Financial and Monetary Systems in the Context of a Global Public Authority,” was published with an eye toward the ing G-20 meeting in Cannes, France, on Nov. 3-4. This 18-page document has, Rev. Sirico observes, “been celebrated by advocates of bigger government the world over.” But...
‘Central World Bank’ Would Hurt Cardinal Turkson’s Native Ghana
Last summer, Acton’s PovertyCure team traveled to Ghana to meet with its economists and entrepreneurs — the men and women who are helping the country develop. It just so happens that they also met briefly with Peter Cardinal Turkson, president of the Vatican’s Pontifical Council for Peace and Justice and co-author of the note released yesterday that has stirred up a global controversy. Cardinal Turkson, a native of Ghana, calls for the establishment of a central world bank in his...
In Philadelphia, A Model School Kindles Hope
For too long government-run systems have dominated American primary and secondary education. As innovations of the past two decades such as charter schools and vouchers prove, parents, children, and society benefit when government promotes rather than stifles educational reform based on choice petition. Add to the mounting evidence another success story: St. Martin de Porres school in Philadelphia. This inner city school is finding new life through the cooperation of three not-always-cooperative entities: munity, and government. Read the rest of...
Government Greed Needs an ‘Occupation’ Too
In mentary this week, I used Louisiana as one of the backdrops to shine the light on government greed. I first became fascinated with the political scene in the Pelican State when I moved down to the Mississippi Gulf Coast. I stayed up late one night in 1996 watching C-Span2 while Woody Jenkins, the Republican nominee for U.S. Senate, appeared to have his election stolen. I was hooked from that point on. Former Louisiana governor Earl Long once remarked, “When...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved