[HN Gopher] Bad government policy is fueling the infant formula ...
       ___________________________________________________________________
        
       Bad government policy is fueling the infant formula shortage
        
       Author : mhb
       Score  : 159 points
       Date   : 2022-05-14 16:12 UTC (6 hours ago)
        
 (HTM) web link (reason.com)
 (TXT) w3m dump (reason.com)
        
       | Barrin92 wrote:
       | It's not surprising that Reason points to trade restrictions
       | which makes sense because importing food from Europe should not
       | be an issue, but on the other hand, why does the government,
       | federal or local not have a stockpile of well... the stuff you
       | feed infant children with?
       | 
       | Same situation as the masks again. Yes, free trade alleviates
       | these issues but only if you're not in global bottleneck which
       | seem to be increasingly common with supply chain and production
       | issues. This is food security, and countries should have the
       | industrial capacity and backup to not end up with empty shelves.
        
         | bsder wrote:
         | > why does the government, federal or local not have a
         | stockpile of well
         | 
         | Because the real issue is that we have no diversity of supply.
         | 
         | 1) We have allowed everything to become monopolized such that
         | losing a single supplier knocks out large chunks of supply. At
         | this point, it is quite clear that for economic robustness, any
         | company found to control more than 25% of the market for any
         | product should be repeatedly broken in two until that is no
         | longer true. But that would require robust anti-trust
         | enforcement.
         | 
         | 2) The suppliers are Always-Late(tm) Inventory optimized such
         | that they can't absorb a significant uptick in demand without a
         | long wind up time. Covid comprehensively demonstrated that
         | industrial producers no longer have the ability to "retool". By
         | removing as many humans from production and replacing them with
         | automation, the productions lines have traded any flexibility
         | for maximum profit.
        
           | sokoloff wrote:
           | In 1, what's the product that you're considering the market
           | share of? An iphone 13 mini? All iPhones? All smartphones? Or
           | any phone? Or any portable computing device?
           | 
           | A Macbook? Or a laptop? Or a computer? Or a computing device
           | (to include laptops, desktops, tablets, and smartphones)?
        
           | ipsin wrote:
           | I don't understand what the two have to do with each other.
           | 
           | You say there's already a monopoly but if we'd bought a
           | stockpile from the monopoly at market prices, we'd... still
           | have a stockpile.
        
         | chitowneats wrote:
         | In addition to this, the reason that Europe is an attractive
         | option for baby formula is because their regulatory bodies take
         | "food for infants" more seriously than we do here.
        
           | throwawayboise wrote:
           | Does "Europe" have an abundant surplus of infant formula that
           | they are prepared to export? A lot more mothers breast-feed
           | in Europe, formula feeding is rather uncommon so why would
           | one expect that inventory is available to send somewhere
           | else?
           | 
           | And then you have the mother in Tennessee who gets a can of
           | German-labeled formula powder, with mixing instructions in
           | metric. Is she going to add the correct amount of water? Or
           | are we going to re-label it? Who does that? Who checks it?
           | How long will it take?
           | 
           | I don't think this is the simple answer it appears to be.
        
             | molyss wrote:
             | Being from Paris and living in The bay area, a lot more
             | women breastfeed here than in France. Even in the
             | countryside of France, where my extended family is, few
             | women breastfeed.
             | 
             | Please let's not make blanket statements about Europe vs
             | USA.
             | 
             | Clearly, European countries will be touchy about exporting
             | baby formula. Also, the food regulation being widely
             | different, I'm not sure how easily one could import
             | european baby formula
        
               | yakak wrote:
               | > Clearly, European countries will be touchy about
               | exporting baby formula.
               | 
               | Formula will have to be labeled in English (and possibly
               | French or Spanish) to not violate EU Export Regulations..
               | No one got upset about bulk exports to China, shipping
               | direct consumer containers was OTOH illegal.
        
             | chitowneats wrote:
             | These are fair points. I suppose I was giving Reason the
             | benefit of the doubt about the EU being interested in
             | selling some type of surplus. Certainly not a forgone
             | conclusion, as you pointed out. The most potent critiques
             | of libertarian thought often rest their case on the world
             | as it is, not as the libertarians imagine it to be.
             | 
             | I did a cursory googling and you are correct that formula
             | feeding is less prevalent in Europe. TIL. My only knowledge
             | was that, anecdotally, I know several expats that prefer EU
             | formula for their kids. This jived with my general sense of
             | more stringent EU regulation around food safety.
        
               | CamperBob2 wrote:
               | _The most potent critiques of libertarian thought often
               | rest their case on the world as it is, not as the
               | libertarians imagine it to be._
               | 
               | Isn't that equally true for critiques of progressive
               | thought?
        
               | chitowneats wrote:
               | Yes.
        
             | samatman wrote:
             | Certainly, since this would be the first food Americans
             | have ever imported from Europe, there is no framework for
             | Imperialization of nutrition labels, since no one has ever
             | done it before in the history of ever. Congratulations you
             | found a show-stopper!
        
               | throwawayboise wrote:
               | Of course EU producers who package food for export label
               | it accordingly. However what Reason seems to be implying
               | is that we just load up some cargo planes with pallets of
               | surplus formula that are apparently not needed in Europe
               | and bring it to the USA under some kind of "emergency"
               | order.
        
               | alasdair_ wrote:
               | It can't be that hard to add a label on top of the
               | existing label.
        
               | golem14 wrote:
               | In fact, a lot of somewhat shady spice packets you get at
               | asian groceries in the bay area have a crummy paper
               | sticker with english labeling over the Indian/Chinese/...
               | original label.
               | 
               | If this can happen for spices, why not for baby formula ?
               | 
               | I think that this is a case of noone wanting to take the
               | risk of eventually someone selling some product that is
               | expired or otherwise bad with relaxed labeling/... rules.
               | I can understand it, too, from a biz POV.
               | 
               | I think the government needs to provide some sort of
               | indemnification to importers/distributors/groceries. If
               | the tradeoff demands it - 'X babies die/get sick because
               | of malnutrition b/c missing baby formula' vs 'Y kids
               | die/get sick because of bad baby formula.'
               | 
               | X/Y are just hard to pin down.
        
               | ClumsyPilot wrote:
               | > If this can happen for spices, why not for baby formula
               | ?
               | 
               | Surely this shoupd be bloody obvious? Like asking - if
               | you can import dried fruit, why cant you import donated
               | blood?
        
         | semenko wrote:
         | The lack of a stockpile is due to limited shelf stability and
         | long-term bacterial growth.
         | 
         | It's unfortunate Reason doesn't expand on the other side of
         | this issue: the formula industry lobbied the FDA to reduce
         | bacterial testing frequency (and inspections overall), with an
         | emphasis on Cronobacter risks, arguing that the FDA
         | "overestimat[ed] the expected annual incidence of Cronobacter
         | infection". [1]
         | 
         | [1] https://theintercept.com/2022/05/13/baby-formula-shortage-
         | ab...
        
         | pdonis wrote:
         | _> free trade alleviates these issues but only if you 're not
         | in global bottleneck_
         | 
         | Which we are not with regard to infant formula; as the article
         | notes, there's plenty in Europe that meets standards at least
         | as stringent as US standards, the FDA just won't let US
         | customers buy it because of stupid labeling requirements.
         | 
         | Also, your implication that in a global bottleneck, free trade
         | doesn't work as well as other solutions, is not correct. Free
         | trade has the least severe failure modes in global bottlenecks,
         | precisely _because_ there are no artificial impediments that
         | get in the way of producers adjusting to market conditions
         | according to straightforward economic incentives.
        
           | 8note wrote:
           | Isnt that a really easy to spin up business slapping stickers
           | on bottles and shipping them to the states?
        
             | [deleted]
        
           | devman0 wrote:
           | It likely isn't the FDA's choice, there are a lot of
           | statutory requirements under 21 USC 350a that requires
           | inspections, audits and specific quality control measures
           | that can't be set aside via CFR with an emergency rule making
           | process. Changing these would require Congress to act, but
           | bilateral food regulations on something as sensitive as baby
           | formula is not a topic that lends itself to quick resolution.
        
             | nostromo wrote:
             | You'll notice most of that law is giving authority to the
             | Secretary of Health and Human Services, which is the same
             | person that runs the FDA.
        
             | mensetmanusman wrote:
             | It does if the baby starves otherwise.
        
           | jonahhorowitz wrote:
           | > there's plenty in Europe
           | 
           | Is that actually true? I would expect formula to be the kind
           | of thing that has a very consistent demand profile, and there
           | wouldn't be a lot of surge capacity in the European
           | manufacturing plants.
        
         | diob wrote:
         | The classic, "if you're prepared and it doesn't happen, it
         | looks wasteful" reason. Or even if it doesn't happen, because
         | you were prepared and released the stockpile, folks don't
         | realize that's the reason. So prep for some politician to cut
         | it.
        
           | daenz wrote:
           | Plus, if it does happen, but the other party is in charge,
           | they take all of the credit.
        
             | Natsu wrote:
             | Even if that happens, it's a good thing we filled up the
             | oil reserves back when we did.
        
               | daenz wrote:
               | Agree it's a good thing. Purely from an incentive
               | perspective though, there's a perverse incentive to let
               | your opponents take the blame for things that you did,
               | and take the credit for things that they did.
        
           | micromacrofoot wrote:
           | or worse, we have too much captivity and donate overages...
           | the horror
        
           | ip26 wrote:
           | Although, if it's more of a buffer in the supply chain
           | instead of a strategic reserve, the waste doesn't have to be
           | that great.
           | 
           | Which takes us right back to JIT vs JIC.
           | 
           | Perhaps sensible regulation on just how lean manufacturing
           | may be in critical industries. (It's a race to the bottom, so
           | re-define the bottom & let the market re-optimize)
        
             | ip26 wrote:
             | One fun thought: for identified industries, each production
             | line maintains X days of inventory of any foreign
             | dependencies. The implications are interesting to ponder.
        
         | _3u10 wrote:
         | Because like most things the govt stockpiles it would just go
         | to waste.
         | 
         | Why not just get rid of the regulations? It's free, and saves
         | everyone money and alleviates shortages.
         | 
         | Personally, I love having moved to a country where no one
         | relies on the govt for anything.
        
           | patmcc wrote:
           | Because some of us don't want to buy infant formula that's
           | full of lead, bacteria, cellulose, or whatever other garbage
           | would end up in it?
        
           | bumby wrote:
           | Why not just go back before the FDA existed, in other words?
           | Because it's generally frowned up when people mix things like
           | plaster of paris, "bluish, white compound of true milk, pus
           | and dirty water" and sell it as milk.
           | 
           | https://en.wikipedia.org/wiki/Swill_milk_scandal
        
             | _3u10 wrote:
             | This stuff happens even with the FDA.
             | 
             | https://en.m.wikipedia.org/wiki/Rofecoxib
             | 
             | https://en.m.wikipedia.org/wiki/Purdue_Pharma
        
           | 8note wrote:
           | Risk isnt free, it's mitigated by insurance costs, and when
           | the negatives happen, from the government stepping in as the
           | last resort.
           | 
           | You don't save money by sending infants to the emergency room
           | because they are bad formula
        
             | [deleted]
        
           | ClumsyPilot wrote:
           | "Personally, I love having moved to a country where no one
           | relies on the govt for anything."
           | 
           | So it can be like supply of cocaine, laced with horse manure
           | and rat poison?
        
             | _3u10 wrote:
             | I can assure you the cocaine here has far fewer impurities
             | here than your FDA regulated / CIA sponsored coke in
             | America.
        
         | BurningFrog wrote:
         | > _" only" if you're not in global bottleneck_
         | 
         | Weird thing to bring up for this very local bottleneck.
         | 
         | Mostly because of one factory being closed by regulators, if I
         | understood things.
         | 
         | There is tons of formula just across the borders in Canada and
         | Mexico.
        
           | cperciva wrote:
           | There is formula available in Canada, but there have also
           | been some shortages recently. We're not completely immune.
        
         | avs733 wrote:
         | It's also funny that the thread talking about how this problem
         | results from one monopolistic factory/company is so much
         | further down the front page compared to the one blaming
         | government regulation
        
           | willmadden wrote:
           | The government regulations enable the monopolies. It's
           | incestuous.
        
         | vkou wrote:
         | > why does the government, federal or local not have a
         | stockpile of well... the stuff you feed infant children with?
         | 
         | Isn't infant formula a solution to a problem that is in large
         | part created by infant formula manufacturers?
        
           | daenz wrote:
           | Can you elaborate on this? I've always been surprised at how
           | many families use formula. Do mothers just not breastfeed
           | much anymore?
        
             | Dove wrote:
             | Nursing is nearly a full time job. When I was doing it with
             | a six month old via pumping, I tracked my hours spent one
             | week and came up with 30 hours. With another baby, I was
             | nursing in the evenings when home from work, and it was
             | literally 3-4 hours a night. Every night. And often almost
             | a full hour in the morning before work. It varies from baby
             | to baby, but it's a brutal time commitment.
             | 
             | Also, when you're nursing full time, you can't leave the
             | baby. Ever. Getting a haircut requires significant planning
             | because if the baby gets hungry, it is your problem and
             | yours alone. If you want to go shopping or see a movie or
             | just leave the dang house for _any_ reason at all, if you
             | want to do _any_ activity that occupies you for a length of
             | time and is hard to interrupt, _you need a baby plan_. And
             | for a period of months, when in love with a newborn, this
             | seems totally fine and totally worth it. But somewhere on
             | the road to a year? Being able to hand a baby to someone to
             | watch for an hour or two and _go do things_ is _amazing_.
             | 
             | Don't get me wrong, nursing is a wonderful experience and
             | very important for the health of mother and baby. But the
             | value diminishes over time. With a preemie, it is downright
             | lifesaving. With a newborn it has proven lifelong benefits.
             | But somewhere around the time they're eating cheerios and
             | licking the floor and snacking on apple juice, and you have
             | other things to do, you ask yourself if it's _really_ worth
             | what it costs. At least, I did.
             | 
             | Where you come down on the value of breastfeeding vs
             | formula really depends a lot on your life circumstances and
             | the relative priorities you place on mothering via milk,
             | and mothering via other activities. When and where you
             | leave off is very personal. Some women want to nurse
             | toddlers, and I support that. Some women want to use
             | formula from day one, and I'm not crazy about that, but
             | life is varied and sometimes circumstances dictate and when
             | they do, I'm glad we have the option. In particular, I
             | think this is really common after a C-section, which makes
             | sense -- mom is recovering from surgery and breastfeeding
             | can involve resting a baby on a recovering wound! I'd
             | certainly never second guess someone who thought it more
             | important to have the energy to be _emotionally_ _present_
             | with the baby, even if that meant feeding baby a different
             | food than they 'd wish for in a perfect world. Milk has its
             | benefits, but having an emotionally healthy mom counts for
             | a lot, too. Probably more. And it's a long journey. Trying
             | too hard to do everything perfect can result in mental
             | health issues for mom, which isn't good for anyone, baby
             | included.
             | 
             | Some women transition early, and I support that, some do
             | late, and I support that, too. All parents try to do right
             | by their children, and for some that looks like laborious
             | custom homemade food and for some that looks like
             | neighborhoods and education and opportunities. I do think
             | we'd be better off as a society if it were more practical
             | to nurse for the first year--I think a lot of women would
             | choose it if it were easier. But that involves
             | understanding it like the full time commitment it is. Can I
             | put a year of "full time mom" on my resume? Three times?
             | Can I take a year off of work? Is spending a year nursing
             | seen as a _normal_ and _honorable_ career choice? That 's
             | essentially the ask. Whether the gap is made up by state or
             | society or family or whatever, the world would have to look
             | pretty different for me to find it a practical option to
             | make _such_ a commitment to nursing that formula was
             | entirely unnecessary. For some people it 's that important.
             | Some would like to, but it's too hard. Some people aren't
             | cut out to be full time moms. And sometimes even full time
             | moms think it's better to use their energy for other
             | things.
        
               | clairity wrote:
               | > "Also, when you're nursing full time, you can't leave
               | the baby. Ever."
               | 
               | outside of the first few weeks (not months), a healthy
               | baby can wait an hour or two to nurse. you certainly
               | don't want to constantly deny feeding for hours on end,
               | but a couple hours is well within the environment in
               | which we've evolved over the past many millenia. our
               | bodies are amazingly adaptive and tolerant, even as
               | infants. mothers, nursing or not, shouldn't feel any
               | guilt for not dedicating every single waking second to
               | infants (after the first few weeks). that said, i fully
               | support multiple months of paid parental leave (socially
               | supported rather than employer supported) for both
               | parents to adjust to the new human in their lives.
        
               | Dove wrote:
               | Yeah, I suppose I'm overstating it. It would be better to
               | say that when you're full time nursing, going and doing
               | things requires planning and support.
               | 
               | When I was directly breastfeeding exclusively, stepping
               | outside the house for an hour felt crazy and scary.
               | You're right that it got easier as the baby got older,
               | and I knew the baby wouldn't die, but I wanted to be
               | there for him!! Who wants to leave a kid hungry when they
               | need you? So from a practical perspective, I rarely did
               | anything.
               | 
               | When I was pumping, I worried about supply and timing and
               | what I'd left behind and if I'd make it back in time to
               | sufficiently support everyone's biology. It was doable
               | but I was always planning around it. Better, and now
               | hours on end became practical, but the hassle still made
               | it hard to want to go out. You're always worrying, if you
               | miss your pumping appointment, if that means ultimately
               | baby won't get enough. I mean, you know that's not true,
               | but you worry. The practical effect for me is that
               | something fun and easy that doesn't fit perfectly in the
               | schedule -- like seeing a movie -- just doesn't seem
               | worth the stress. So you never see movies.
               | 
               | But man, the sheer _freedom_ of being able to tell
               | grandma  "Here's the baby, here's a box of unlimited
               | food" and not think about it. Man. If you want to know
               | why people make that call, I'm sure that's a factor.
               | That's really what I mean.
        
               | clairity wrote:
               | yah, the need to always be planning is definitely a drag,
               | and it dampening the deisre to step away is completely
               | understandable. it totally makes sense to me that parents
               | often choose the hybrid approach (of supplementing with
               | formula) because of this.
        
             | jtbayly wrote:
             | Check the female workforce statistics. We decided as a
             | culture it was more important for women to be working than
             | "wasting time" raising and caring for their children.
        
             | Bilal_io wrote:
             | Not surprising at all in a country with very little to no
             | paternity leave. The mother is not with her infant 24/7,
             | and the baby has to eat.
        
             | mbbbb wrote:
             | Exclusively breastfeeding is very challenging to do while
             | working, for one. Even at my megacorp with a dedicated
             | space, a hospital grade pump, and 2 hrs a day dedicated
             | only to that, it was a substantial hit to supply.
             | Considering that most women don't have those amenities and
             | support I'm not surprised they don't breastfeed exclusively
             | after their mat leave (for most women in the US, 6 weeks
             | unpaid)
             | 
             | Not to mention - it can be painful (if I had no option of
             | course I would endure pain for my child, but there is no
             | shame in looking for something less painful) or the baby
             | can not learn to latch (formerly known as "failure to
             | thrive" and a driver of infant mortality)
        
             | dragonwriter wrote:
             | > Do mothers just not breastfeed much anymore?
             | 
             | Mothers who can't breastfeed adequately don't have any of
             | slaves, paid wetnurses, or children that die of starvation
             | as much as they used to.
        
           | dcolkitt wrote:
           | This is just wrong. A non-insignificant fraction of women
           | can't produce milk in high enough quantities to feed infants.
           | This is an undisputed fact.
           | 
           | The only alternative to robust infant formula supply is to
           | accept pre-modern levels of infant mortality. Period.
        
             | [deleted]
        
             | geraldwhen wrote:
             | Wet nurses exist. Period. I know of more than one woman who
             | donates breast milk. They both have continued to pump as
             | their kids grow to give back to the community.
             | 
             | "Wet nurse" is a phrase for this very reason.
        
               | lumost wrote:
               | Wet nurses are extremely expensive, they also introduce a
               | variety of challenges in modern times as you must trust a
               | stranger to carefully and correctly preserve the milk,
               | not dilute it with anything, and be in good health
               | without any complicating factors.
               | 
               | When all is said and done, milk can be purchased peer to
               | peer at roughly 4x the cost of infant formula or between
               | 1 and 2 dollars per oz. Purchasing through a service with
               | some notional guarantees on the above concerns increases
               | the cost to 5 dollars per oz. A 3-6 month old can consume
               | 40+ oz per day.
        
           | dqpb wrote:
           | Some mothers want to breastfeed but don't produce enough
           | milk.
        
           | zdragnar wrote:
           | There are a number of reasons for a mother to choose
           | formulas:
           | 
           | - baby has special diet needs
           | 
           | - mother doesn't produce sufficient amount
           | 
           | - mother is on medicine, supplements or drugs that would be
           | expressed via breastfeeding
           | 
           | - mother works and preparing / preserving pre-pumped milk
           | isn't feasible
           | 
           | - mother is dead
           | 
           | - mother chooses to use formula
           | 
           | Only in the last case is the availability of formula itself
           | to blame, and even then the notion that it shouldn't be an
           | option is somewhat cruel.
        
             | yakak wrote:
             | It seems to me like it could be prescription (though first
             | a real health system would be needed) if there is a
             | shortage. I mean I think the last one is 80% of the market
             | and putting the other 20% of infants at risk.
        
               | zdragnar wrote:
               | Not all formula is the same, and since there isn't a
               | prescription needed, the only thing holding back new
               | entrants is either (a) the market is too small to be
               | worth starting up a new company, or (b) the regulatory
               | hurdles (as a food item, etc) make starting up a new
               | company cost prohibitive compared to what they could make
               | selling it.
               | 
               | Shortages of baby formula is pretty rare here in the
               | states, and building a business is a costly time
               | consuming endeavor- you won't be able to spin one up just
               | to make money during the shortage (testing, inspections,
               | FDA approval for the labels, etc). That leaves other
               | companies who are already running food businesses to
               | possibly expand into it, but getting FDA approvals still
               | takes time and a lot of money, so you need a longer term
               | game plan for keeping it going.
               | 
               | A doctor writing a prescription for it doesn't help you
               | get any if there's not any available in significant
               | quantities- it's not a one and done thing, it is
               | literally all the baby can eat until they've grown enough
               | to be weaned off.
        
               | yakak wrote:
               | > A doctor writing a prescription for it doesn't help you
               | get any if there's not any available in significant
               | quantities- it's not a one and done thing, it is
               | literally all the baby can eat until they've grown enough
               | to be weaned off.
               | 
               | If it is available in any quantity then needing a
               | prescription keeps it from being used for infants that
               | don't need it. (Market naturally drops but I don't think
               | risking the health of many infants who don't need formula
               | to keep it cheap is a great ethical move anyway.)
               | 
               | There are infinitely refillable prescriptions and
               | nutritional prescriptions, they have an advantage that
               | they can be billed to health insurance which is fairer if
               | an expensive diet is a medical need.
               | 
               | The overall effects of losing the local market, importing
               | for infants that need it and having insurance pay much
               | higher costs may well pay for itself if we could measure
               | the future health consequences of unnecessary formula
               | use.. but the rule of do no harm means we shouldn't try
               | to feed kids formula without a medical need.
        
               | zdragnar wrote:
               | > If it is available in any quantity then needing a
               | prescription keeps it from being used for infants that
               | don't need it.
               | 
               | Ah, I didn't realize you meant waving a fiat wand so that
               | _everyone_ had to get a prescription for it.
               | 
               | If that were the case, then I imagine we could do the
               | same with bottled water, gluten free grains, alcohol,
               | vitamin supplements, coffee, CBD, and more, and solve so
               | many problems!
               | 
               | Alas, the FDA has certain authority over drugs, and
               | certain authority over food. It does _not_ have the same
               | authority over both, and infant formula is a food, not a
               | drug.
        
           | Gordonjcp wrote:
           | How exactly is it a problem caused by infant formula
           | manufacturers?
        
             | alasdair_ wrote:
             | Infant formula makers market their goods aggressively to
             | new mothers. The formula makers fully understand that once
             | a child is on formula, a mother will soon stop being able
             | to create her own milk and the baby will _have_ to use
             | formula from then on.
             | 
             | Not every new parent fully understands this, especially in
             | places that don't have a lot of marketing dollars spent
             | influencing people at one if the most vulnerable times of
             | their life.
             | 
             | This can, and does, lead to situations where the mother's
             | milk dries up "early" and then formula isn't available and
             | the baby dies.
             | 
             | See https://www.ranker.com/list/nestle-baby-formula-
             | boycott/meli...
        
               | lumost wrote:
               | It's also _incredibly_ common for mothers not to have
               | sufficient supply regardless of formula use. This results
               | in a negative spiral where the baby won 't be fed enough,
               | and the mother isn't able to sleep, resulting in even
               | less supply. Formula allows the mother to sleep, and the
               | baby to be properly fed, even when they mother wants to
               | breast feed.
        
               | Gordonjcp wrote:
               | See, your problem here is you're assuming the mother is
               | the only one feeding a child.
        
               | alasdair_ wrote:
               | I deliberately said "new parent".
        
         | bee_rider wrote:
         | There are lots of crucial goods, right? I don't see how the
         | government could stockpile all of them. And infant formula is
         | only good for a couple years, right? So it would have to be an
         | ongoing project to keep it good. n95s eventually degrade, but I
         | believe they've got a much longer shelf-life.
         | 
         | Also, masks become unusually important when there's an
         | epidemic, so we wouldn't expect the economy to have capacity to
         | deal with that. We should expect that in a well balanced
         | economy, the supply of baby formula should basically match the
         | demand. It seems to me that instead of government stockpiles
         | (since they can't stockpile everything and don't know what will
         | be needed) it would make more sense to monitor the market more
         | closely and keep tabs on inventory... and, actually, it is
         | pretty surprising that they didn't catch this before it became
         | an issue.
        
           | alasdair_ wrote:
           | Stockpile to a point and then regularly auction off things
           | that are nearing end of life (or, in the case of baby formula
           | that is heavily provided by state programs, just give it to
           | the states to distribute).
           | 
           | We have national oil reserves. Having reserves of other
           | essential assets seems fine to me, especially in the case
           | where there are few substitute goods.
        
             | kareemsabri wrote:
             | Why is that necessary when it appears there is sufficient
             | global supply and regulations are causing it to be
             | unavailable to the US market? The issue isn't a shortage of
             | production, as far as I can tell. And even if there were, a
             | stockpile only absorbs a temporary shortage. A strong
             | industry with many producers is what the government should
             | desire, I imagine.
        
               | alasdair_ wrote:
               | It makes sense from a national defense perspective to
               | have reasonable stockpiles of essential goods.
        
               | kareemsabri wrote:
               | I'm not a national defense expert, but it seems to make
               | sense to ensure your country can get access to essential
               | goods. One possible solution would be stockpiling them.
               | Another would be maintaining the capacity either in the
               | state or the private sector to acquire or manufacture
               | them rapidly. It feels like hindsight 20/20 to say "why
               | didn't the government have a stockpile of [thing we had a
               | shortage of]".
               | 
               | It appears to me the policy here led to essentially a
               | single point of failure or low optionality for the market
               | to get the product. Not clear stockpiling is the answer
               | to that problem.
        
               | azemetre wrote:
               | In our current political climate, people would attack
               | this during the good times as wasteful and not a good use
               | of money. I agree with you, but we have a party in this
               | country that doesn't think good governance is a virtue.
        
             | bee_rider wrote:
             | I was actually thinking of something like that as well. If
             | nothing else, the cast-offs from a stockpiling program
             | could be a nice social welfare program.
        
           | kevin_thibedeau wrote:
           | > n95s eventually degrade
           | 
           | Only the ones that depend on an electrostatic spray to assist
           | filtration.
        
             | bee_rider wrote:
             | Apparently all of their rubber bands eventually lose
             | elasticity (but it is a very slow process).
        
       | syrrim wrote:
       | One good reason for protectionism in this way is to protect from
       | international shocks. If there was an event that caused
       | international production of formula to scale back (say a volcanic
       | eruption), then it would be beneficial to have as large a
       | domestic supply as possible. This is achieved by subsidizing
       | local production, eg via tarrifs on foreign imports. It would be
       | valuable in addition to expressly allow for foreign imports in
       | response to shocks like this, but making that the permanent
       | regime would have its own risks.
        
       | seibelj wrote:
       | All problems are caused by greedy corporations! Throw executives
       | in prison! If we just had more government all of this would be
       | better /s
        
       | nostromo wrote:
       | We need dramatic supply-side improvements to get our way out of
       | this inflationary spiral.
       | 
       | We need to unleash America's entrepreneurs to create more stuff
       | to soak up this excess money. More housing. Lots more housing.
       | More products with fewer roadblocks to bring products to market.
       | The fact that it took over a year for American masks to come to
       | market, just in time for them to not be needed, in large part
       | because of regulation is a sign of how bad things have gotten
       | here.
       | 
       | We need more energy too -- wind, solar, nuclear, and yes fossil
       | fuels too. (Our current policy of begging Saudi Arabia to provide
       | us more oil, when we have plenty in our own backyard makes zero
       | strategic sense. Not to mention how high fuel prices are
       | enriching our adversaries like Russia.)
        
         | lumost wrote:
         | Is it really regulation? Anecdotally this appears to be a
         | knowledge/capability problem. We haven't grown domestic
         | industry in so long that I honestly don't think many still know
         | how to actually _build_.
         | 
         | If you give money to businesses that for the last 50 years have
         | simply become experts at dealing with international supply
         | chains... You're probably just going to have the money sent
         | abroad.
        
           | onphonenow wrote:
           | It's surprising how regs slow things down - it's just an
           | accumulation.
           | 
           | Southern Cal wanted a desalination plant. Spent a TON of time
           | in development. Shot down. Repeat time 100x, kind of crushing
           | I think.
        
             | supertrope wrote:
             | When the drought is extreme enough government regulations
             | will be changed. Like how environmental reviews are being
             | shoved to the side to export LNG to Europe.
             | 
             | But before we build extremely expensive desalination, more
             | effective and lower cost actions must come first. Reforming
             | water rights law to stop insane use it or lose it
             | incentives (e.g. flood irrigation of almond trees).
             | Renegotiating water treaties. Increasing water efficiency
             | in agriculture. Xeriscaping. Higher water prices that will
             | hold down demand and provide a self-enforcing incentive to
             | reduce waste, leaks, and low value water consumption. And
             | better finance water works.
             | 
             | Reduce, reuse, recycle.
        
           | JumpCrisscross wrote:
           | The amount of paperwork and approvals even simple businesses
           | require to get off the ground is mind boggling. Some make
           | sense. Most, from Phoenix's generic municipal business
           | licenses to California's foreign entity fees or New York's
           | entity publication requirement to Texas's hairdresser
           | licensing requirements or many HOAs' aesthetic policies do
           | not.
        
             | themitigating wrote:
             | Have you researched why those regulations came about?
        
               | JumpCrisscross wrote:
               | > _Have you researched why those regulations came about?_
               | 
               | Yes. Almost all of them stem from before the internet.
               | Publication requirements prevented accidental trademark
               | infringement and provided public notice. Similarly for
               | foreign entity registration. Business licenses linked
               | business addresses to the tax registry. Hairdressing
               | because many barbers provided shaves, which involves a
               | sanitary component.
        
         | ClumsyPilot wrote:
         | > 'it took over a year for American masks to come to market,
         | just in time for them to not be needed, in large part because
         | of regulation'
         | 
         | What it really regulation that was at fault for masks being so
         | delayed? The entire suplly chail for meltblown is missing.
         | 
         | There are more tooling engineers in the city of Shenzhen than
         | in all of North America combined.
         | 
         | A basic masks that an average citizen had to wear to take the
         | metro does not even come with any medical certification, what
         | regulation was getting in the way, the need to file taxes?
        
           | lupire wrote:
           | > There are more tooling engineers in the city of Shenzhen
           | than in all of North America combined.
           | 
           | This is because tariffs are not high enough to compensate for
           | Chinese workers being paid below US minimum wage.
        
         | daniel-s wrote:
         | I think you diagnosed the problem, but not in the way that you
         | think.
         | 
         | We have huge price increases because the governments printed
         | money for so long. Price increases were always predicted by
         | free market economists. You don't make anyone wealthier by
         | printing money. You don't build factories, make people smarter
         | or increase resources. All it does is redistribute wealth to
         | the first people that get to use the new money (banks and
         | wealthy elites) and increase prices.
        
           | lupire wrote:
           | This isn't really relevant. Either formula buyers have more
           | money and so they can afford formula, or they don't and so
           | formula would not inflate as much as other products.
           | 
           | Inflation only hurts when some buyers of a scarce good are
           | benefiting more from money printing than others. This doesn't
           | apply to consumer commodities.
        
           | nostromo wrote:
           | I'm well aware the cause of inflation is bad monetary policy.
           | 
           | But now we have two options: control inflation by causing a
           | severe downturn that will be painful, or control inflation
           | with supply-side economics.
           | 
           | We need to match supply and demand -- either by reducing
           | demand with a recession, or by increasing the supply of goods
           | and services. Increasing the supply side of the equation will
           | be better for everyone.
        
         | rilezg wrote:
         | This is incredibly short-sighted and ignorant of any
         | externalities. We lost American manufacturing not because of
         | regulation, but because of trade policies that allowed global
         | corporations to avoid those regulations and profit by
         | outsourcing manufacturing to countries with laxer regulations.
         | 
         | I do not want 'America's entrepreneurs' to start producing
         | infant formula without any safeguards. That is recipe for
         | disaster.
        
         | vegetablepotpie wrote:
         | > and yes fossil fuels too
         | 
         | It depends on your goals, if you want to absolutely destroy the
         | global economy and wealth in 30 years for a short term shot in
         | the arm, then sure.
        
         | [deleted]
        
       | tzs wrote:
       | > In a well-functioning market, any temporary shortage caused by
       | the removal of one company's product from the market would be
       | addressed relatively quickly.
       | 
       | Is that actually the case in real life? In a well functioning
       | market I'd expect producers to have just enough capacity above
       | average demand to cover the normal random fluctuations in their
       | market.
       | 
       | I wouldn't expect them to have enough excess capacity to quickly
       | make up the temporary loss of a major producer. Also, what about
       | logistics? Say some particular plant starts producing say 50%
       | more...are they going to be able to quickly find shipping
       | capacity to deliver that?
        
         | thayne wrote:
         | Or maybe in real life, most markets aren't well functioning.
        
       | mcguire wrote:
       | Much of the problem is with families that need a specific
       | formula. How would, say, importing different formula from Europe
       | help that?
        
       | rilezg wrote:
       | This article is a summary of a different article:
       | https://capitolism.thedispatch.com/p/americas-infant-formula...
       | 
       | It seems odd that the posted article ignores how WIC contracts
       | are distorting the market and encouraging a monopoly and instead
       | jumps on over-regulation being the problem. It sure seems like
       | those contracts should either not be exclusive or should require
       | suppliers to demonstrate supply resiliency in the face of a
       | single factory failure.
        
         | 999900000999 wrote:
         | I was frankly alarmed something like half of kids qualify for
         | WIC.
         | 
         | Don't get me wrong, feed em, but why is child poverty so bad in
         | the US ?
        
           | supertrope wrote:
           | Part of it is the exact federal poverty line depends on the
           | family size. An income that's just over the poverty line for
           | two adults would be under the line once it's two adults and
           | one kid. Something like a third of adults in poverty would
           | not be if they were childless. And then of course their
           | kid(s) are a statistic.
           | 
           | https://www.healthcare.gov/glossary/federal-poverty-level-
           | FP...
        
             | 999900000999 wrote:
             | I'd argue the poverty line in America is very low compared
             | to what it really takes to live.
             | 
             | Most people can't significantly save money, so when you
             | have a bad month it's hard to catch up.
        
           | [deleted]
        
           | User23 wrote:
           | You have to be poor or very affluent to afford children in
           | many American cities. And many of the affluent aren't
           | procreating.
        
             | jMyles wrote:
             | > And many of the affluent aren't procreating.
             | 
             | Source?
             | 
             | Has the relative, inflation-adjusted average wealth of new
             | parents changed substantially?
        
           | [deleted]
        
           | mlom wrote:
           | edit, probably being touchy about a misunderstanding, nvm
        
             | Blahah wrote:
             | Pretty sure the gp was saying that it's surprising/appaling
             | so many people in the US are living in poverty. Not that
             | relying on welfare is bad, or that buying food any
             | particular way is bad.
        
           | Doubtme wrote:
        
             | dang wrote:
             | Can you please stop posting unsubstantive and/or flamebait
             | comments to HN? It's not what this site is for, and it
             | destroys what it is for.
             | 
             | If you wouldn't mind reviewing
             | https://news.ycombinator.com/newsguidelines.html and taking
             | the intended spirit of the site more to heart, we'd be
             | grateful.
        
           | rilezg wrote:
           | WIC eligibility can vary by state, but is between 100% and
           | 185% of the federal poverty level (I spot-checked a few
           | states, and all I saw was 185%). 185% comes to ~$50k per year
           | for a family of 4. And most people have children relatively
           | young, which usually means they aren't earning a ton of
           | money.
           | 
           | This is the sort of program that I'd rather 'too many' people
           | be eligible for than exclude anyone who might be helped (it
           | is not just about adequate nutrition, but also providing
           | information on healthy eating and referrals to health care).
        
           | rhexs wrote:
           | Who do you think is coming over the border? The middle class?
        
         | jonahhorowitz wrote:
         | Two things to know as well. WIC only pays for certain sizes for
         | formula[0] purchased at retail because they're afraid that poor
         | women will stock up on formula or resell it. Also women have to
         | pay part of the cost of the formula for the same reason.
         | 
         | > Many others have simply switched to Enfamil. Increasingly,
         | they reach for the 12.4-ounce cans, the only size paid for by
         | WIC.
         | 
         | > "I've gone to stores in Long Beach, I've gone to Rolling
         | Hills, Carson -- I've gone to Inglewood just to see if I could
         | get lucky," said Landers. "If they do have it, it's the larger
         | size; it's not the size that's approved."
         | 
         | [0]- https://www.latimes.com/california/story/2022-05-13/baby-
         | for...
        
         | cmrdporcupine wrote:
         | It only seems odd that the article ignores X and emphasises Y
         | until you look at where the article is from.
         | 
         | 'Reason' has an ideological hammer, and goshdarnit they'll go
         | find some terrible government nails for it, whether that's the
         | actual problem or not.
        
       | pstuart wrote:
       | A more nuanced take is here:
       | 
       | https://www.theatlantic.com/ideas/archive/2022/05/baby-formu...
       | 
       | and here:
       | 
       | https://prospect.org/blogs-and-newsletters/tap/monopolies-an...
        
         | AndrewUnmuted wrote:
         | How is this more nuanced than the OP's article? The OP article
         | actually _adds_ nuance by expanding on the Atlantic's claim
         | that "America's regulatory and trade policy" is largely to
         | blame. The Atlantic claims that this "might be the most
         | important part of the story."
        
           | dv_dt wrote:
           | Well I take issue on the very first line of the Reason
           | article "Trade restrictions and over-zealous FDA regulation
           | are a big part of the problem, but there's more."
           | 
           | The plant is closed with bacterial infection problems linked
           | to the deaths of two infants. That seems the opposite of
           | over-zealous FDA regulation.
           | 
           | There are definitely other regulatory issues, but I would
           | characterize them as regulatory capture - too little
           | regulation going against corporate interests.
           | 
           | Temporary easing of trade restrictions does seem like a good
           | thing, but not really permanent easing as I suspect Reason
           | would prefer. Permanent easing leads us to even bigger supply
           | insecurity risks imho.
        
           | pstuart wrote:
           | No mention of the effective monopoly in place -- that a
           | single factory getting shut down would have such an impact.
           | 
           | Obviously government policy has failed as well.
        
             | toomuchtodo wrote:
             | Matt Stoller covered that in his BIG newsletter about
             | antitrust and monopolies in America.
             | 
             | https://mattstoller.substack.com/p/big-bottle-the-baby-
             | formu...
        
       | deeptote wrote:
       | Reason calling the government bad is like Uncle Leo in Seinfeld
       | calling everyone an anti-semite.
        
       | CPLX wrote:
       | The actual problem here, as it is with some many parts of our
       | economy, is consolidation and monopoly.
       | 
       | One company, Abbott, controls about half the country's supply,
       | and has a stranglehold on distribution:
       | 
       | https://mattstoller.substack.com/p/big-bottle-the-baby-formu...
        
         | pythonic_hell wrote:
         | I wish more people would wake up to the impact that monopolies
         | have on their economic and wellbeing security.
        
         | BurningFrog wrote:
         | Legalizing imports would break, or at least put strong pressure
         | on, such a monopoly.
        
           | CPLX wrote:
           | Maybe. Or maybe we'd then be subject to a bigger more
           | international monopoly.
           | 
           | These two issues are loosely related at best.
        
       | zeruch wrote:
       | Occasionally Reason gets it right...this is not one of those
       | times.
        
         | zeruch wrote:
        
           | [deleted]
        
           | CWuestefeld wrote:
           | If you're going to post just "you're wrong" without any
           | explanation, you shouldn't be surprised that you get
           | downvotes without any explanation.
        
             | zeruch wrote:
             | You and I both know that in the lions share of cases of the
             | above, the comment gets passed over without any ado. When
             | its attached to ANYTHING related to Rand, or Cato or
             | Reason, its a fluffer parade of anger.
             | 
             | The short answer then is the same problem Reason has always
             | had...it treats any regulation as anathema, and will volley
             | the blame anywhere else reflexively. It is occasionally
             | correct in that regard, but it's total lack of nuance makes
             | it mostly just agit-prop, and for those of us who have read
             | Reason since at least the .com era...the miles per gallon
             | of ink with the same tropes ad nauseum, are....nauseating.
             | 
             | Happy now?
        
           | micromacrofoot wrote:
           | You ever stop to consider that maybe you're the problem, and
           | it actually has very little to do with your ideology
        
             | zeruch wrote:
             | Would you like to borrow a mirror? You clearly appear to
             | want everyone else to and not bother yourself.
        
               | micromacrofoot wrote:
               | Classic comeback! Sometimes I'm stubborn too though, I
               | get it.
        
           | programmarchy wrote:
           | All you've done is offer a contradiction and an ad hom, so
           | why not bring a more substantial argument to the table for
           | discussion.
        
             | avs733 wrote:
             | Because they have reason (magazine) on their side
        
               | programmarchy wrote:
               | Maybe I misunderstood but pretty sure they're saying the
               | Reason article got it wrong. I'd like to hear why, and
               | I'm likely to be sympathetic to an opposing view.
               | 
               | For example, I disagree with Reason that we should loosen
               | FDA rules on something as critical as baby formula, but
               | lowering tariffs on imports doesn't seem like a terrible
               | idea. On the other side, I think tariffs play an
               | important role in protecting domestic industry that are
               | vital to national security. So we don't want Abbott to
               | get shut down, but they do need to be severely punished.
        
               | zeruch wrote:
               | You have distilled a better framework in two sentences
               | than Reason could have in two issues of features.
               | 
               | Well done.
        
               | CWuestefeld wrote:
               | If baby formula is vital to national security, can you
               | name anything that _isn 't_ also vital?
        
               | programmarchy wrote:
               | Sure, any luxury good.
        
       | Animats wrote:
       | Reason missed the key point. Well over half of US infant formula
       | is paid for by welfare programs. Those have per-state monopolies
       | awarded by competitive bidding. So it's not an ordinary consumer
       | product.[1]
       | 
       | [1] https://naldc.nal.usda.gov/download/39616/PDF
        
         | samsonradu wrote:
         | It's all explained here:
         | https://mattstoller.substack.com/p/big-bottle-the-baby-formu...
        
         | [deleted]
        
         | ConceptJunkie wrote:
         | Seems to me that still falls under the umbrella of "bad
         | government policy". So, you could say bad government policy
         | doesn't explain the whole problem. There's also bad government
         | policy.
        
           | lupire wrote:
           | This is Reason. Ther good government policy would be doing
           | nothing, which wouldn't help poor families get formula
           | either.
           | 
           | There's a case to be made about fine-tuning things in some
           | ways as the article suggests, but it's still gross to frame
           | this under the "government is bad" banner as Reason does.
           | 
           | This concern is especially relevant in the baby formula
           | space, where Nestle killed thousands of babies by pushing
           | their mothers off breast milk onto unreliably supplied
           | formula.
        
         | kareemsabri wrote:
         | How does that affect retailers being unable to get supply?
        
           | cperciva wrote:
           | It increases demand for that particular brand, but
           | manufacturers don't want to invest in increasing their
           | production levels in case they don't win the contract for the
           | next round.
        
             | ClumsyPilot wrote:
             | So its not all government's fault
        
               | mcguire wrote:
               | It's always the government's fault.
        
               | ClumsyPilot wrote:
               | Even if the government was not involved, it was
               | government's fault for not being involved.
               | 
               | Just look at the sister thread 'why didn't government
               | stockpile my freemarket products for me'
        
       | daenz wrote:
       | >So while you might think formula from Germany or The Netherlands
       | is safe enough for your child (formula available in Europe tends
       | to meet or exceed the FDA's nutritional requirements, but not the
       | labeling requirements.) the FDA will not let you have it because
       | it has not reviewed and approved the label or inspected the
       | production facilities overseas. Reasonable people can debate
       | whether this is a reasonable policy in normal times, but in the
       | current mess this sort of rule undermines the health and
       | development of the infants the FDA purports to protect.
       | 
       | Is this even a debate about whether or not it is a reasonable
       | policy? Why would you allow _uninspected_ products to feed your
       | most vulnerable population? Now, I understand the nuance of
       | "well we're in a shortage, so we should allow it temporarily."
       | But think about it from a security perspective: you'd still be
       | exposing babies to uninspected food products. Any America-hating
       | entity could capitalize on this attack vector, if they knew we
       | would bypass our security controls. Is it likely? I don't know,
       | but I do know that suspending your security in response to a
       | crisis is dangerous.
        
         | aiisahik wrote:
         | Why would european formula need to be inspected by US officials
         | if it was good enough for the European parents? Shouldn't
         | parents be able to make their own decisions here rather than be
         | beholden by government rules?
        
           | devman0 wrote:
           | 21 USC 350a is probably why, there are requirements for
           | audits and inspections in there that the FDA cannot just set
           | aside with an emergency rule making process since they are
           | statutory.
        
           | daenz wrote:
           | >if it was good enough for the European parents
           | 
           | That's an assumption based on the fact that it isn't
           | inspected. You don't know that you're getting the same
           | product if you don't inspect the facilities where the product
           | is produced. That's trusting, but not verifying. You need to
           | verify something like this.
           | 
           | >Shouldn't parents be able to make their own decisions here
           | rather than be beholden by government rules?
           | 
           | Domestically yes, but importing foreign uninspected baby
           | products is a national security issue.
        
           | macspoofing wrote:
           | >Why would european formula need to be inspected by US
           | officials if it was good enough for the European parents?
           | 
           | Because that's how things work??
           | 
           | The default position for any government regulatory body is to
           | not delegate its authority to regulate to a counterpart in
           | another region/country. Sometimes there are bilateral
           | agreements where each regulatory body recognizes the
           | judgments of the other, but those are few and far between.
           | 
           | American chicken is perfectly safe to consume, but you would
           | not be allowed to sell it in the European market.
        
             | novok wrote:
             | "Because that's how things work??" is not a good reason
             | when it's arbitrary policy, it's just a cause. "Would"
             | implies why, or underlying reasons, saying we should judge
             | them as valid or not, and he is rightfully judging it as
             | wrong.
        
             | pdonis wrote:
             | _> Because that 's how things work??_
             | 
             | You misspelled "because the US has stupid regulations that
             | are more concerned with covering the asses of the
             | regulators than with actually protecting consumers".
             | 
             |  _> American chicken is perfectly safe to consume, but you
             | would not be allowed to sell it in the European market._
             | 
             | As I understand it, the reason US chicken is not saleable
             | in European markets is that European countries do _not_
             | agree that US chicken is  "perfectly safe to consume"
             | because of the way it is produced (IIRC chemical washing in
             | the US was a key issue).
             | 
             | There is no such disagreement about the infant formula that
             | is the subject of this article; the FDA is not saying it's
             | not safe, just that it's not labeled the way the FDA wants
             | it to be labeled--even though everybody knows it meets
             | safety standards at least as stringent as the FDAs and
             | nobody needs the labels to tell them that.
        
               | bumby wrote:
               | Can you provide where the FDA has said European formulas
               | are perfectly adequate? A cursory search showed instances
               | where European formulas were pulled because they were
               | nutritionally deficient by FDA standards.
               | 
               | Also keep in mind that while on its surface "nutritional
               | labels" may seem like like superficial reason to ban
               | something, it's the same rational for banning formula
               | from China. Labeling is important for quality control and
               | verification. ("Verification" defined in the quality
               | engineering sense of "it is what it says it is".)
        
               | pdonis wrote:
               | _> Can you provide where the FDA has said European
               | formulas are perfectly adequate?_
               | 
               | I didn't claim that the FDA said that. All I said was
               | that the FDA's stated reason for prohibiting European
               | formulas in the US has nothing to do with safety
               | standards, only with labeling. The FDA, as far as I know,
               | has not made any statement one way or the other about the
               | safety standards themselves, but as the article notes,
               | the European ones in this respect are at least as
               | stringent as the FDA's.
        
               | daenz wrote:
               | >only with labeling
               | 
               | Not according to the OP's link though:
               | 
               | >the FDA will not let you have it because it has not
               | reviewed and approved the label _or inspected the
               | production facilities overseas._
               | 
               | Emphasis mine.
        
               | devman0 wrote:
               | Is this something that the FDA even has discretion of or
               | are there statutory requirements for labeling infant
               | formula in the US?
               | 
               | EDIT: In response to my own question there are statutory
               | requirements listed in 21 USC 350a.
        
               | hackernewds wrote:
               | if you review, you have refuted your first response with
               | your second response.
        
               | pdonis wrote:
               | How so?
        
           | liuliu wrote:
           | Other than sibling comments, I want to provide another
           | counter-point (in this case, I have limited knowledge to say
           | whether trusting European inspectors right or wrong):
           | 
           | EASA heavily rely on FAA for 737-Max's initial certification 
           | (https://en.wikipedia.org/wiki/Boeing_737_MAX_certification#I
           | ...), many now believes if it is done differently, the issue
           | can be discovered earlier.
           | 
           | Purdue Pharma insists on compromising Germany for OxyContin's
           | classification as uncontrolled drug based on the premise that
           | if Germany approves it (even later retract), it will enable
           | other Euro-zone countries to classify OxyContin as
           | uncontrolled drug as well.
           | (https://www.statnews.com/2019/02/21/purdue-pharma-richard-
           | sa...)
        
         | throwawayboise wrote:
         | Yes, and there is a history of unscrupulous producers putting
         | all kinds of garbage into infant formula. Who is going to
         | complain? Not the babies. That's why it is one of the most
         | regulated food products. It's almost like a pharmaceutical
         | product. And which countries are safe enough? Germany? UK?
         | France? Probably. Estonia? Romania? Hungary? Do we really think
         | that there are uniform standards and inspections in all these
         | places?
        
           | jotm wrote:
           | Everything made in China is cheap garbage /s
        
             | mardifoufs wrote:
             | Everything? No. Milk that I'd feed my baby? I wouldn't risk
             | it, considering China has had multiple scandals around
             | tainted powdered milk.
        
           | willmadden wrote:
           | From China and countries where there is no recourse, not from
           | Europe.
        
           | dcolkitt wrote:
           | > Do we really think that there are uniform standards and
           | inspections in all these places?
           | 
           | Yes, there are.
           | 
           | https://ec.europa.eu/food/safety/labelling-and-
           | nutrition/spe...
        
         | sacrosancty wrote:
         | What does "inspected" mean to you in this context that makes it
         | so obvious that it's essential?
         | 
         | And essential for Americans but not Germans??
        
           | daenz wrote:
           | I'm not sure I understand your question, can you rephrase it
           | please?
        
             | dcolkitt wrote:
             | Germany clearly inspected the formula. Clearly baby formula
             | imported from Germany is still inspected. The only
             | distinction is it's inspected by Germany instead of
             | American inspectors.
             | 
             | This would be as insane as Florida insisting that baby
             | formula can only be sold in Florida if it was inspected in
             | Florida. Baby formula inspected in New York cannot be sold,
             | even though it was inspected.
        
               | comrh wrote:
               | Florida and New York have come together and agreed on
               | labeling and inspection. There's nothing stopping the US
               | and Germany from doing the same.
        
               | dcolkitt wrote:
               | > There's nothing stopping the US and Germany from doing
               | the same.
               | 
               | Great. So we should do that, right? You agree that Biden
               | should sign an executive order saying any infant formula
               | approved by the EU is legal to sell in the United States.
        
               | joshuamorton wrote:
               | Should we do the same for other nations? Is Chinese baby
               | formula safe? If not, by what metric do we decide which
               | nations' formula is sufficiently safe?
        
               | comrh wrote:
               | I would support standardizing labeling and inspection
               | requirements with the EU. I don't support more half
               | measure executive orders that expand the executive
               | branch's power because Congress is too broken to do
               | anything... but I digress.
        
               | ggreer wrote:
               | Florida & New York "agree" because they're both governed
               | by the FDA. Even if a state wanted to import German baby
               | formula, the federal government would not allow it.
        
         | [deleted]
        
         | TameAntelope wrote:
         | Yeah, it blows my mind the whole general push of, "Parents know
         | best". Hell no they don't! They're not experts on anything, how
         | in the everloving fuck would _any_ parent be qualified to
         | determine if a specific formula brand is  "good enough" for
         | their child?
         | 
         | I would bet 90%+ of parents could not tell apart formula from
         | formula cut with 10% fentanyl. Parents do _not_ know best.
        
         | dahfizz wrote:
         | It seems perfectly reasonable to set up some sort of FDA trade
         | alliance. We decide we trust the European standards bodies for
         | products X,Y,Z, and they trust out standards.
         | 
         | You don't have to take a driver's test in every state when
         | driving across country. We have a precedent for intra
         | government reciprocal licensing.
        
         | raverbashing wrote:
         | Cool, then inspect batches and allow them in depending on the
         | results.
         | 
         | It should be doable. Inspecting facilities makes sense if you
         | want to import continuously without much worry.
         | 
         | Still, that should also be doable given enough time.
        
         | Vladimof wrote:
         | They don't inspect most foods though... look at all the
         | mislabeled fish in grocery stores and worst, restaurants...
         | 
         | https://www.cnn.com/2019/03/07/health/fish-mislabeling-inves...
        
         | rhino369 wrote:
         | Because German inspectors aren't appreciably worse than US
         | inspectors? (and probably more stringent).
         | 
         | If you took your baby on vacation, you wouldn't starve them
         | until you got back right?!? Same logic here.
        
           | [deleted]
        
       | VictorPath wrote:
       | Reason is correct that tariffs on Canada, pushed by Abbott,
       | helped exacerbate the baby formula problem.
       | 
       | This is what happens when heirs and corporations gain too much
       | power. When they are not responsive to working people or the
       | government. Not only are they unresponsive to the government,
       | they buy the government, and get rulings like Citizens United to
       | buy the government even more.
       | 
       | All of this is the result of what Reason has been pushing
       | forever. They wanted to prevent government from dealing with
       | Abbott, and the result is these tariffs and the baby formula
       | breakdown. The market is incapable of working due to the policies
       | of Reason. It's like the bread shortages in the USSR after the
       | failure of Khruschev's Virgin Lands program. Different mechanisms
       | but same result.
        
         | Gunax wrote:
         | Well maybe you should just ban Reason magazine then. Afterall,
         | they don't have 1st amendment protection since 'Reason' is
         | owned by a foundation, and not a person.
        
         | pjscott wrote:
         | The government has, in fact, been "dealing with Abbot" --
         | specifically, by imposing anti-competitive tariffs and locking
         | out both foreign and domestic competition. You want them to do
         | more of that? Because, empirically, that's the kind of thing
         | governments tend to do all the time. (See also: regulatory
         | capture and the idea of "concentrated benefits and diffuse
         | costs" in public choice theory.)
        
         | jimkleiber wrote:
         | Yeah, I think some people/groups like Reason often see
         | government as mostly ineffective and then say we should give
         | them less money, which can make them more ineffective, and then
         | they say they're even more ineffective so we should give less
         | money, so on and so forth. I was reading elsewhere that
         | stronger FDA regulation and enforcement could help fix issues
         | like this one with the baby formula yet many libertarian
         | perspectives don't seem to want to give more power to the
         | government. I don't know.
        
           | _3u10 wrote:
           | The govt isn't ineffective it's very effective at making the
           | free market ineffective which is what the reason crowd wants
           | to defund.
           | 
           | I live in South America, taxes are 10% and there's no
           | shortage of formula.
        
       | mlom wrote:
       | people in this thread seriously seem to think there's some
       | meaningful distinction between the bank notes that they collect
       | at their bullshit jobs and wic coupons for feeding children
        
       | jonahhorowitz wrote:
       | The issue here is that the FDA and Abbot didn't treat it as an
       | emergency when the Abbot facility was forced to close in the
       | first place. Had they acted as if it was an emergency, they would
       | have mobilized all available resources to clean and disinfect the
       | facility, replace the faulty milk drying equipment, and get the
       | facility back up and running. Here we are, months later and it's
       | now an emergency. Sure, importing from other countries will help,
       | but like toilet paper, it's a product that has a pretty
       | consistent demand and there isn't a lot of surge capacity out
       | there, even in other countries, so we really need to get the
       | facility back online.
       | 
       | The issue isn't bad government policy - infant formula is
       | strictly regulated for very good reasons, it's a lack of urgency
       | from the government and private sector to make sure a medically
       | critical product is available.
       | 
       | Also, of course, we shouldn't have let such a critical product
       | mostly be made by 3 companies, but that's another rant.
        
         | rilezg wrote:
         | Although the linked article does not address it, the FDA is
         | certainly working to mitigate any fallout from the plant
         | closure. Much of the complexity is that WIC is administrated at
         | the state level, so the FDA must work with each state
         | individually to address the shortage.
         | 
         | Of particular note: >more infant formula has been produced in
         | the last four weeks than in the four weeks that preceded the
         | recall, despite one of the largest infant formula production
         | facilities in the country being offline during that time.
         | 
         | https://www.usda.gov/media/press-releases/2022/05/13/usda-co...
        
         | bko wrote:
         | > infant formula is strictly regulated for very good reasons
         | 
         | > Also, of course, we shouldn't have let such a critical
         | product mostly be made by 3 companies, but that's another rant.
         | 
         | Do you think these two are related?
        
       | WalterBright wrote:
       | WSJ has an article on it, too:
       | 
       | https://www.wsj.com/articles/who-made-the-baby-formula-short...
       | 
       | TL,DR: government manipulation of the market caused the shortage
        
       | vondur wrote:
       | Can't congress just make an emergency exemption and possibly
       | start importing formula from Europe? Apparently customs seize
       | shipments that people attempt to purchase directly from Europe.
        
         | taf2 wrote:
         | A president is usually better at doing this via executive
         | orders... Simply because it's one president who has to sign the
         | order vs many congressman who have to agree to pass an act...
         | So it's unclear why this has not happened...
        
           | throwaway48375 wrote:
           | Don't worry they've formed a committee to look into maybe
           | doing something about this. Meanwhile babies are starving. I
           | wish I were joking.
        
             | macspoofing wrote:
             | >Don't worry they've formed a committee to look into maybe
             | doing something about this.
             | 
             | Yes. You have to 'form a committee' to understand the
             | problem, instead of just winging it.
        
               | throwaway48375 wrote:
               | Is there a good reason why it takes that committee over a
               | week just to meet? Why can't they just schedule a zoom
               | conference and then issue an executive order the same
               | day? It's not like starving babies are a time critical
               | issue like missiles for Ukraine or something.
        
         | Lendal wrote:
         | What is it specifically about European countries that makes
         | inspection of their foods unnecessary, but foods from other
         | continents does need inspection first?
        
           | Someone1234 wrote:
           | Is this a real question? They have higher food standards,
           | regulation, and inspection regime than the US does itself.
           | Other countries are a mishmash, but I'd imagine at least
           | Canada/Australia/UK/etc would meet or exceed the bar too.
        
             | mardifoufs wrote:
             | Is that really true? Unless I'm missing something, American
             | food standards and regulations are usually just as good as
             | europe/canada/UK's , if not better. If anything I'm a bit
             | puzzled by your claim, considering just how many food
             | related scandals europe has had in the past few decades.
             | Fake olive oil, horse meat, poison tainted wine, mad cow
             | disease... and that's not even getting into the mishmash of
             | "cultural/local exceptions" to food regulations (which are
             | a good thing, but still undermine your point!).
             | 
             | But maybe I'm wrong, it's just that I've never heard any
             | expert or anyone else really claim that the USDA/FDA are
             | _too_ lenient, more so than their europeans /CANZUK
             | counterparts. It's usually the opposite actually!
        
       | CWuestefeld wrote:
       | The FDA has been trying to kill us for over two years now. At the
       | beginning of the coronavirus epidemic, recall how they wouldn't
       | allow anyone to do their own testing - the only test allowed was
       | a known-broken test from the CDC. More recently they dragged
       | their feet for purely political reasons on approval of Paxlovid.
       | And still going on now is the approval of vaccinations for small
       | children, where their reasoning for holding approval has nothing
       | to do with safety or efficacy, but something stupid about causing
       | confusion when a second vaccine hasn't yet been approved.
       | 
       | The FDA has demonstrated that their only concern is avoiding
       | down-side risk, and are completely incapable of evaluating up-
       | side risk: what's the danger to the American public of NOT having
       | access to a given treatment.
       | 
       | This agency seems beyond reform. It needs to be gutted and
       | completely redesigned from the ground up.
        
         | jostmey wrote:
         | +1
        
       | cafard wrote:
       | "This whole scheme, done under the guise of welfare, is
       | essentially a transfer of wealth from the middle class to the
       | poor, done by enriching the baby formula cartel."
       | 
       | I'm not sure how transferring wealth from the middle class to the
       | poor would be "under the guise of welfare" rather than "welfare".
       | No, enriching the cartel is not good.
        
         | Sebguer wrote:
         | Did the linked article change? You seem to be quoting:
         | https://mattstoller.substack.com/p/big-bottle-the-baby-formu...
         | which is not the article here, nor linked in the article as far
         | as I can tell.
        
       | samsonradu wrote:
       | Matt Stroller writes a very good newsletter[1] on monopolies and
       | antitrust matters. Last article touched this exact topic.
       | 
       | [1] https://mattstoller.substack.com/p/big-bottle-the-baby-
       | formu...
        
       | OrvalWintermute wrote:
       | I made some comments on another thread here on HN about the
       | Infant Formula Shortage, and how the individuals strains of
       | Cronobacter sakazakii bacteria from the unfortunately deceased
       | infants did not match the strains of Cronobacter sakazakii
       | bacteria found at the food production facility, did not match
       | each other, but, the baby food production facility was shut down
       | anyways. [1]
       | 
       | EDITED.
       | 
       | [1] https://www.foodsafetynews.com/2022/04/five-strains-of-
       | bacte...
        
         | bawolff wrote:
         | I'm not sure why you think that matters? Even if its not
         | directly causal, the plants should not have bacteria of that
         | sort.
        
           | KennyBlanken wrote:
           | Exactly. The reason the plant was shut down was because it
           | had poor sanitation.
           | 
           | What probably happened: company got the initial reports of
           | deaths, did a one-off sanitation effort but didn't address
           | systemic hygiene/sanitation issues, and the plant ended up
           | with contamination again.
        
         | WalterGR wrote:
         | > However, it is clear there is a HN downvote brigade out in
         | force patrolling the comments
         | 
         | https://news.ycombinator.com/newsguidelines.html
        
         | Gunax wrote:
         | I don't think it's unreasonable to close it. I don't know
         | anything about this bacteria, but is it normal to find it in
         | the formula?
         | 
         | If another child died someone would have to explain 'well we
         | let it open because whole we found bacteria in the product, it
         | was not exactly the same bacteria that killed the other kids'.
        
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