This legislation aims to ensure the continued availability of specialized infant formula for preterm babies, which is regulated by the Food and Drug Administration. Congress finds that preterm infants critically depend on this formula, and expresses concern that "procedural gamesmanship" in state courts could lead to a limited domestic supply. Therefore, the bill asserts that federal court jurisdiction over civil claims is crucial for ensuring uniform judicial remedies and protecting the supply for vulnerable babies. To achieve this, the bill amends title 28 of the United States Code, granting federal district courts original jurisdiction over civil actions alleging injury caused by preterm infant formula, provided there is diversity of citizenship. It also modifies existing law to permit any defendant to remove such actions from state to federal court without requiring the consent of all other defendants. These provisions are designed to apply broadly to all relevant civil actions, whether pending or filed on or after the bill's enactment date.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Agriculture and Food
Specialized Infant Formula Protection Act
USA119th CongressS-4940| Senate
| Updated: 6/24/2026
This legislation aims to ensure the continued availability of specialized infant formula for preterm babies, which is regulated by the Food and Drug Administration. Congress finds that preterm infants critically depend on this formula, and expresses concern that "procedural gamesmanship" in state courts could lead to a limited domestic supply. Therefore, the bill asserts that federal court jurisdiction over civil claims is crucial for ensuring uniform judicial remedies and protecting the supply for vulnerable babies. To achieve this, the bill amends title 28 of the United States Code, granting federal district courts original jurisdiction over civil actions alleging injury caused by preterm infant formula, provided there is diversity of citizenship. It also modifies existing law to permit any defendant to remove such actions from state to federal court without requiring the consent of all other defendants. These provisions are designed to apply broadly to all relevant civil actions, whether pending or filed on or after the bill's enactment date.