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Technical Assistance & Guidance

The USDA, FDA, and other federal partners continue to work diligently to protect the health of infants who are fed using infant formula.

USDA's Response to the Infant Formula Shortage

WIC state agencies provide infant formula to mothers who choose this feeding method. WIC state agencies are required by law to have competitively bid infant formula rebate contracts with infant formula manufacturers.

In response to the 2022 infant formula recall and supply shortage, USDA worked closely with the White House, HHS, and FDA to support families, including those that participate in FNS nutrition programs.

On June 30, 2023, USDA completed the final phase of "Unwinding Infant Formula Flexibilities in WIC," which extended the expiration date for certain waivers based on infant formula supply and availability.

To increase the diversity of and support a stable supply of infant formula in the U.S., FDA allowed certain infant formula products to be imported, sold, and/or distributed in the U.S. under enforcement discretion.

84 WIC State agencies received MMA waivers.
83 WIC State agencies received Vendor Exchange waivers.
75 WIC State agencies received Medical Documentation waivers.
72 WIC State agencies opted into the Imported Infant Formula waiver.

Click each image for more information on each waiver type.
Information on vendor substitutions waivers.

To ensure that infants in WIC got the formula they needed, FNS supported WIC state agencies with guidance, that waived certain regulatory requirements to allow WIC state agencies to authorize and issue certain infant formulas imported under the FDA’s Infant Formula Enforcement Discretion Policy.

FNS supports its program operators with timely information, including infant formula safety tips, on its infant formula webpage. USDA continues to work collaboratively with federal partners to support WIC stakeholders and ensure participants get the safe and nutritious foods they need.

Implementation of the Access to Baby Formula Act (ABFA) of 2022

USDA is implementing the Access to Baby Formula Act of 2022 (PL 117-129), signed into law by President Biden on May 21, 2022. USDA has provided questions and answers about the WIC AFBA Final Rule.

FDA's Infant Formula Strategies

The FDA has published two national strategies to increase the resiliency of the U.S. infant formula market and prevent Cronobacter sakazakii illnesses associated with powdered infant formula.

In January 2024, FDA posted a Status Update FDA’s Infant Formula Response Activities.

Page updated: March 22, 2024