The U.S. Department of Agriculture (USDA) is offering nationwide waivers to increase access to infant formula for families in need as states receive and distribute imported infant formula made available by the Biden-Harris Administration’s Operation Fly Formula, the White House announced on Tuesday, June 6.

USDA is leveraging new authority from the recently passed “Access to Baby Formula Act” to offer this flexibility. Stacy Dean is USDA’s deputy undersecretary for food, nutrition, and consumer services, and said, “USDA is committed to providing our WIC families with nutritious foods, and while we continue working with our many partners to bring the infant formula shortages to a speedy conclusion, we’re also going to keep looking for ways to help families here and now.” Dean added, “We’re maximizing flexibility, encouraging action, and providing ongoing support so we can all overcome this obstacle together.”

According to the White House, the latest action builds on existing flexibilities to provide the widest access possible to available infant formula for WIC (Women, Infants and Children) families. (The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) provides federal grants to states for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age 5 who are found to be at nutritional risk.)

White House officials said, “Within days of the recall, USDA offered WIC state agencies waivers to maximize formula options for WIC participants, and ensure they could exchange or return any recalled formula. To date, USDA has approved well over 250 state waiver requests.”

In addition, according to the White House, Food and Nutrition Service recently encouraged state agencies to work with their infant formula manufacturers to identify and implement temporary flexibility in their contracts to allow WIC participants to purchase alternate sizes, forms, or brands of infant formula during the ongoing shortage. “North Carolina and its formula manufacturer, Nestle Gerber, are the first to have put this into action by agreeing to a contract modification that expands access to formula for WIC participants in the state,” White House officials said.

White House officials said the Food and Nutrition Service is encouraged by the action taken by North Carolina. “We are grateful for the leadership and teamwork of North Carolina and Nestle Gerber to increase formula access for WIC families in their state,” said Dean. The agency recently shared best practices with WIC state agencies to help them establish contract flexibilities that will help WIC participants access the formula they need.

White House officials added that USDA is continuing to work closely with HHS (U.S. Department of Health & Human Services), the FDA (U.S. Food & Drug Administration), and the  White House administration to support WIC families to end to the current shortage as quickly as possible. They said recent USDA actions to date include:

• coordinating cross-government to rapidly transport safe specialty formulas into the country for babies with special medical needs through Operation Fly Formula, with more shipments, including regular formula, on the way in the coming days;
• calling on states to take advantage of all available WIC flexibilities that could help those they serve. (Since May 13, when USDA wrote to state health commissioners on this issue, White House officials said more than 50 new waivers were requested and approved, with all 50 states now offering at least one flexibility to help WIC families get the formula they need.);
• engaging directly with WIC stakeholders, including holding listening sessions to better understand current needs and concerns;
• leveraging USDA’s Food and Nutrition Service’s 15 nutrition assistance programs to ensure that children, low-income individuals, and families have opportunities for a better future through equitable access to safe, healthy, and nutritious food, while building a more resilient food system. Under the leadership of the agency’s secretary, Tom Vilsack, White House officials said FNS is fighting to end food and nutrition insecurity for all through programs such as SNAP, school meals, and WIC. They said FNS also provides science-based nutrition recommendations through the co-development of the Dietary Guidelines for Americans. To learn more, visit fns.usda.govand follow @USDANutrition.