Government Fixes Tiny WIC Baby Formula Rule Glitches – Yawn?
Published Date: 12/17/2025
Rule
Summary
This update fixes small mistakes in the WIC program rules that were made when new baby formula laws kicked in February 2024. It affects families using WIC benefits by making sure the rules are clear and correct, so they get the support they need without confusion. These corrections take effect December 17, 2025, keeping the program running smoothly and fairly.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Infant-formula bidding rules reinstated
The rule restores detailed instructions for State agencies on how to calculate standardized units of infant formula for bids, including using at least 6 months of recent participation data, multiplying by the maximum monthly allowable ounces (table 1 to Sec. 246.10(e)(9)), and dividing by unit size. It also sets how to calculate lowest total monthly net price or highest rebate and limits the use of highest-rebate evaluations to States where weighted average retail prices across brands vary by 5 percent or less. These corrections take effect December 17, 2025.
Non-contract infant formula issuance clarified
The rule reaffirms that State agencies may issue non-contract brand infant formulas to WIC participants without medical documentation, except for participants receiving Food Package III. This correction is effective December 17, 2025 and clarifies issuance rules so participants and vendors understand when medical documentation is required.
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