Specialized Infant Formula Protection Act
Sponsored By: Senator Ernst, Joni [R-IA]
Introduced
Summary
This bill would make federal courts the default forum for civil claims over FDA-regulated specialized preterm infant formula to protect supplies and create uniform judicial remedies for vulnerable newborns.
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- Families: Preterm infants and their families rely on specialized formula in neonatal care. It aims to ensure continued availability for about 380,000 preterm births each year.
- Hospitals and NICUs: Hospitals that order specialized preterm formula could face fewer state-court rulings that limit local supply. That seeks to reduce disruptions in hospital sourcing.
- Manufacturers and defendants: Any defendant could remove qualifying state cases to federal court without needing all defendants' consent. The bill adds a new federal removal rule and a dedicated federal jurisdiction category.
- Courts and litigation: Federal jurisdiction would apply when parties are citizens of different States or when a plaintiff is a state citizen and a defendant is foreign. The Judicial Panel on Multidistrict Litigation retains its authority.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Federal forum for preterm formula
If enacted, this bill would let federal district courts hear civil cases claiming injury from preterm infant formula regulated by the FDA. Federal jurisdiction would apply when any plaintiff and any defendant are citizens of different States. It would also apply when any plaintiff is a State citizen and any defendant is a citizen or subject of a foreign state. Any defendant would be able to remove such state-court cases to federal court without needing consent from all other defendants. The change would apply to cases pending on, or filed on or after, the date of enactment. It would not limit the Judicial Panel on Multidistrict Litigation's authority under section 1407.
Sponsors & CoSponsors
Sponsor
Ernst, Joni [R-IA]
IA • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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