Baby formula shortage state of emergency

BY ROGER SMITH
MOUNTAIN CITIZEN

FRANKFORT — Gov. Beshear issued an executive order Thursday declaring a state of emergency over the baby formula shortage that has impacted the nation and Kentucky. The order activates state price-gouging laws to protect families from predatory pricing.

“By implementing our price gouging laws, we can make sure that families are not being charged more than they should to obtain a critical supply of formula to feed their baby,” Beshear said.

The governor urged families to report any instance of price gouging to the Office of the Attorney General by calling 502-696-5485 or filling out the complaint form at ag.ky.gov/pricegouging.

Attorney General Daniel Cameron activated the price gouging website and hotline Thursday.

“As parents, Makenze and I recognize the incredible stress and fear that the shortage is causing Kentucky families, and our office will use the full force of the law to ensure that the price charged for essential products like baby formula is no more than the law allows,” Cameron said in a news release.

Cameron encouraged residents to report as many details as possible about the suspected price gouging, including the name and address of the seller/retailer, the item purchased, the price of the item after the emergency declaration, and the price of the item before the emergency declaration, if known.  If consumers seek a refund, they should also keep receipts showing proof of purchase.

Last month, Cameron issued a consumer alert warning Kentuckians of suspected scams related to the nationwide baby formula shortage.

To avoid becoming a victim of a baby formula scam, the Attorney General advises residents to purchase baby formula from known, reputable sources and, when possible, use a credit card to make the purchase. He also says to avoid paying for infant formula up front if purchasing from an unknown source and to be suspicious of sources advertising infant formula at prices that are too good to be true.

Dr. Steven Stack, commissioner of the Department for Public Health, encourages families to reach out to all available resources.

“The infant formula shortage has caused worry and frustration for Kentucky’s families as they have sought to provide nutrition to our most precious citizens,” Stack said in a news release. “We encourage families to reach out to all available resources in their community, including local health departments, pediatricians, food pantries, community action councils, and other supporting agencies to meet the nutritional needs of their infants and to ensure they thrive. We also encourage all eligible families to enroll in WIC or SNAP to help during this shortage.”

The current baby formula shortage is mainly attributed to the lack of supply due to the shutdown earlier this year of Abbott Nutrition’s Michigan plant. The FDA began investigating bacterial infections in four babies fed the Abbott Nutrition formula.

Abbott, which has up to 40 percent of the formula market in the U.S., announced June 4 that it had resumed production and its priority is to produce EleCare, a special formula for children with allergies, before it ramps up production of its other products.

FDA officials have said the baby formula shortage in the U.S. will likely continue until late July.


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