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Specialized Infant Formula Protection Act
To ensure the continued availability of specialized infant formula regulated by the Food and Drug Administration for preterm babies.
Summary
- Grants federal district courts jurisdiction over civil actions alleging injury from preterm infant formula regulated by the Food and Drug Administration when plaintiffs and defendants are from different states or when any defendant is a foreign citizen or subject.
- Allows defendants to remove infant formula cases from state courts to federal courts without the consent of all defendants.
- Applies to all civil actions pending or filed on or after the date of enactment, regardless of when they were initially filed in state court.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Sen. Ernst, Joni [R-IA] (R-IA)
Money behind the sponsor
Top reported contributors to Joni Ernst’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- NULL $57,653
- CAPITAL GROUP $40,000
- SOROBAN CAPITAL $13,200
- CAPITAL GROUP COMPANIES $7,500
- GOOGLE $6,800
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Joni Ernst → · Outside spending →
Actions (2)
- Jun 24, 2026 Read twice and referred to the Committee on the Judiciary. · senate
- Jun 24, 2026 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Text versions (1)
Bills are re-published as they move (Introduced → Reported → Engrossed → Enrolled …). Each stage below is a separate text; pick two to see what changed. Data from Congress.gov.
Full text
IN THE SENATE OF THE UNITED STATES
June 24, 2026
Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To ensure the continued availability of specialized infant formula regulated by the Food and Drug Administration for preterm babies.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Specialized Infant Formula Protection Act”.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.—The purpose of this Act is to ensure the continued availability of specialized infant formula regulated by the Food and Drug Administration for preterm babies.
(b) Findings.—Congress finds the following:
(1) Each year, nearly 380,000 infants are born preterm in the United States. Each year, specialized, preterm infant formula is manufactured and ordered by hospitals to nourish hospitalized and other newborns who are unable to be fed by their mother’s milk.
(2) Preterm infants in critical and intensive care facilities depend on access to specialized preterm infant formula, formula which is regulated by the Food and Drug Administration.
(3) Efforts by some parties to engage in procedural gamesmanship through court and jurisdiction shopping in State courts for cases related to preterm infant formula may lead to a limited domestic supply of critical preterm infant formula for vulnerable babies in the United States.
(4) Because preterm infant formula is under the jurisdiction and oversight of the Food and Drug Administration, it is in the best interest of preterm babies and their families who depend on specialized, preterm formula to have Federal courts maintain jurisdiction over adjudication of civil claims, thus ensuring uniform judicial remedies.
SEC. 3. FEDERAL JURISDICTION OVER CERTAIN INFANT FORMULA ACTIONS.
Section 1332 of title 28, United States Code, is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
“(e) Infant Formula Mass Claims.—
“(1) In general.—The district courts shall have original jurisdiction of any civil action arising out of alleged injury caused in whole or in part by preterm infant formula regulated by the Food and Drug Administration, if—
“(A) any plaintiff and any defendant in the action are citizens of different States; or
“(B) any plaintiff is a citizen of a State and any defendant is a citizen or subject of a foreign state.
“(2) Rule of construction.—Nothing in this subsection shall be construed to limit the authority of the judicial panel on multidistrict litigation under section 1407.”.
SEC. 4. REMOVAL.
Section 1441 of title 28, United States Code, is amended by adding at the end the following:
“(g) Infant Formula Actions.—Any civil action bought in a State court over which the district courts of the United States would have jurisdiction under section 1332(e) shall be removable by any defendant without the consent of all defendants.”.
SEC. 5. APPLICABILITY.
This Act, and the amendments made by this Act, shall apply to any civil action pending on, or filed on or after, the date of enactment of this Act, without regard to the State court filing date. <all>
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