Sponsor
Joni Ernst
Senator · R-IA
Senator · R-IA
The bill trades a federalized, more predictable legal framework intended to protect and stabilize supply of specialized preterm formula for reduced state-court access and increased federal litigation burdens, creating legal uncertainty (especially via retroactivity) and higher costs for some plaintiffs and small defendants.
Preterm infants and their families would have more reliable access to FDA-regulated specialized preterm formula because the Act prioritizes preserving domestic supply.
Hospitals, neonatal units, manufacturers, and families would face fewer interstate legal inconsistencies because federal jurisdiction and removal rules promote more uniform adjudication of complex FDA-regulated formula cases, reducing disruptive forum-shopping that can constrain supply chains.
Parents and families (and other U.S. plaintiffs) would gain clearer access to a national federal forum — including the ability to pursue claims against foreign manufacturers or suppliers — when parties are diverse, improving avenues to sue out-of-state or foreign defendants.
Parents and families would lose or face reduced ability to bring or keep claims in local state courts, limiting local remedies and perceived local accountability for manufacturers and hospitals.
Applying the Act retroactively to pending and future civil actions creates legal uncertainty, may alter outcomes of existing cases, and could force re-litigation or new legal strategies for parties already in court.
Broader federal jurisdiction and removal rules may increase litigation frequency and costs for businesses and plaintiffs, raising product liability exposure and making suits more expensive and procedurally complex.
Based on analysis of 5 sections of legislative text.
Creates federal diversity jurisdiction and permits unilateral removal of state infant-formula lawsuits to federal court; applies to pending and future cases.
Official title: Ensure the continued availability of specialized infant formula regulated by the Food and Drug Administration for preterm babies.
Introduced June 24, 2026 by Joni Ernst · Last progress June 24, 2026
Creates federal diversity jurisdiction and streamlined removal rules for lawsuits involving FDA-regulated specialized preterm infant formula so such cases can be heard in federal courts. Applies those changes to cases pending at enactment and filed afterward to promote uniform handling of preterm infant formula litigation. The law directs district courts to have diversity jurisdiction over civil claims alleging injury caused in whole or in part by FDA-regulated preterm infant formula across state or international parties, and allows any defendant to unilaterally remove qualifying state-court cases to federal court without requiring all defendants’ consent.