Meng Introduces Legislation to Stop Stores from Selling Expired Baby Formula

U.S. Rep. Grace Meng (D-Queens), a Founder and Co-Chair of the Kids Safety Caucus, introduced legislation to protect babies which if passed, would be the first federal law to ban the sale of expired baby formula.

The Infant Formula Protection Act would require pharmacies, supermarkets, convenience stores and other establishments to stop selling outdated formula, a surprisingly legal and widespread practice that puts infants at risk.

Although regulations require expiration dates to be placed on baby formula, there are no federal regulations that prohibit the sale of the product after it has expired. As a result, many stores – as uncovered by investigations – continue to keep the expired items on their shelves despite the fact that they are outdated.

"It's hard to believe that stores are permitted to sell expired formula to unsuspecting parents," said Meng. "It's a classic case of retailers putting profits over the safety of babies. There must be a federal law to end this unconscionable practice, and my legislation is the best and easiest approach to accomplishing that critical goal. Parents and their infants deserve better."

Meng's bill would make it illegal for retail establishments to sell baby formula after the product's "use by" date has passed. Stores that fail to comply could be fined up to $200,000. The Congresswoman's measure has been referred to the House Energy and Commerce Committee where it is awaiting further action.

Expired baby formula puts infants at risk because the product loses its nutrient quality over time. So formula consumed after the expiration date may not provide babies with adequate nutrition for health and proper development.

The Kids Safety Caucus, launched shortly after Meng was elected to Congress in 2013, is the first bipartisan coalition in the House that promotes child-safety issues.