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Challenges in Supply, Market Competition, and Regulation of Infant Formula in the United States

Completed

An ad hoc committee under the auspices of the National Academies of Sciences, Engineering, and Medicine will examine and report on challenges in supply, market competition, and regulation of infant formula in the United States. The project is sponsored by the US Department of Health and Human Services – Food and Drug Administration.

Description

An ad hoc committee of the National Academies of Sciences, Engineering, and Medicine will examine and report on challenges in supply, market competition, and regulation of infant formula in the United States. Specifically, the committee will assess and evaluate:

  1. Characteristics of the U.S. infant formula market, including number, market share and other properties;
  2. Challenges in supply, or market competition with respect to such formula;
  3. Differences in infant formula marketed in the United States and infant formula marketed in the European Union, including with respect to nutritional content and applicable labeling and other regulatory requirements; and
  4. Other related information.

The committee will produce a report of its findings, conclusions, and recommendations, including recommendations for infant formula manufacturers, on measures to address supply and market competition in the United States as described in H.R. 2617 of the FY2023 Omnibus Bill.

Contributors

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Chair

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Vice Chair

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Conflict of Interest Disclosure

The conflict of interest policy of the National Academies of Sciences, Engineering, and Medicine (http://www.nationalacademies.org/coi) prohibits the appointment of an individual to a committee authoring a Consensus Study Report if the individual has a conflict of interest that is relevant to the task to be performed. An exception to this prohibition is permitted if the National Academies determines that the conflict is unavoidable and the conflict is publicly disclosed. A determination of a conflict of interest for an individual is not an assessment of that individual's actual behavior or character or ability to act objectively despite the conflicting interest.
Wendy Johnson has a conflict of interest in relation to service on the Committee on Challenges in Supply, Market Competition, and Regulation of Infant Formula in the United States in relation to current compensation for a bonus earned in 2021 which is attributable to her past employment with Nestle, a manufacturer of infant formula. The National Academies has concluded that for this committee to accomplish the tasks for which it was established, its membership must include at least one person who has substantial recent experience working for an infant formula manufacturer. As described in her biographical summary, Dr. Johnson has extensive experience working in senior leadership positions at Nestle and understands the challenges infant formula makers face, including supply chain shortages and market competition, varying regulatory environments around the world, incentives, and research and development timelines both before and during the COVID-19 pandemic. As a public health nutritionist and the Director, Policy & Public Affairs at Nestle, Dr. Johnson also has deep knowledge of infant formula from a policy and nutritional perspective. The National Academies has determined that the experience and expertise of Dr. Johnson is needed for the committee to accomplish the task for which it has been established. The National Academies could not find another available individual with the equivalent experience and expertise who does not have a conflict of interest. Therefore, the National Academies has concluded that the conflict is unavoidable. The National Academies believes that Dr. Johnson can serve effectively as a member of the committee, and the committee can produce an objective report, taking into account the composition of the committee, the work to be performed, and the procedures to be followed in completing the study.

Sponsors

Department of Health and Human Services

Staff

Katherine Delaney

Lead

Patricia Cuff

Lead

Melanie Arthur

Jen Stephenson

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