Baby Formula Shortage Prompts NJ State Of Emergency: Murphy

NEW JERSEY - Gov. Phil Murphy declared a state of emergency in New Jersey on Tuesday amid an ongoing shortage of baby formula due to inflation, supply chain issues and recalls in the state and around the country.

The declaration was signed in order to activate New Jersey price gouging laws consistent with efforts at the federal level, according to Murphy.

“We firmly believe that New Jersey is the best place in the nation to raise a family, and during this challenging time, we want to support our families with all of the resources at our disposal,” Murphy said in a statement.

“To any retailer who may try to take advantage of vulnerable families during this shortage, let me be clear that this reprehensible action will not be tolerated. And to any New Jerseyan affected by this shortage, rest assured that my administration will do everything in our power to ensure families have access to the formula they need.”

All New Jersey departments and agencies are now authorized to curb baby formula price gouging under the state of emergency, and are permitted to issue waivers, orders, directives, or emergency regulations as they see fit.

Under the state of emergency, baby formula prices deemed excessive may also be considered illegal under the Consumer Fraud Act. Expired or unauthorized formula will also be continually investigated by the Division of Consumer Affairs, Murphy said.

Those looking to make a profit by increasing baby formula prices will face “severe penalties,” according to New Jersey Acting Attorney General Platkin.

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New Jersey has been among the most heavily affected states in the shortage, according to Datasembly. While out-of-stock rates have increased by 31 percent from November to April, New Jersey is among seven states with an out-of-stock rate higher than 40 percent.

In February, Abbott Nutrition voluntarily recalled three types of formula in February after four babies became sick with bacterial infections after consuming the products. The recall included popular brands such as Similac, Alimentum and EleCare. Two infants died from the infections, according to a whistleblower complaint a former employee filed with federal regulators, according to ABC7 New York.

Major chains such as CVS, Target and Walgreens have also limited the amount of baby formula shoppers can purchase in an attempt to curb panic buying. Walgreens and CVS limit shoppers to three infant and toddler formula products per transaction, while Target keeps patrons at four products at a time, according to USA Today.

The shortage also financially burdens families dealing with inflation. Formulas can cost up to $1,500 in the first year alone, according to the office of the Surgeon General's call to support breastfeeding.

The New Jersey Supplemental Nutrition Program for Women Infants and Children (WIC) has already applied for a federal waiver that allows program participants to exchange their recalled formula at the store, Murphy said. Participants also have the flexibility to shop at multiple stores if their regular store does not have the supply of formula they need.

WIC also recently instituted formula substitutions so that program participants can replace their special formulas with other formulas, as directed by their doctor.

“The Department of Health remains committed to ensuring that families participating in the Women Infants and Children (WIC) program can access the nutritional support and resources needed to care for their infants,” said Health Commissioner Judith Persichilli. “Feeding your infant during this shortage can be stressful. If you are in need of emotional support, your local maternal health consortia can connect you with counseling services, virtual support groups, and other resources you may need.”

With reporting by Josh Bakan.