Sponsor
Joni Ernst
Senator · R-IA
Senator · R-IA
The bill centralizes federal jurisdiction to preserve domestic supply and create uniform adjudication for preterm infant formula cases—improving access to specialized formula and consistent rulings—but it limits state-court options, raises federal caseloads and litigation costs, and creates uncertainty for pending cases.
Parents of preterm infants and neonatal units: the bill prioritizes preserving domestic supply so specialized FDA-regulated preterm formula is more likely to remain available when needed.
Parents, hospitals, and health systems: creating and encouraging federal adjudication for complex formula cases should produce more uniform legal outcomes across states, which can reduce inconsistent rulings and, by limiting disruptive state-court litigation, help stabilize supply chains to hospitals and NICUs.
Parents and families (and plaintiffs nationwide): the bill expands access to a national federal forum — including diversity jurisdiction and the ability to sue foreign manufacturers — giving U.S. plaintiffs greater ability to pursue claims against out-of-state and foreign defendants.
Parents of injured children and local plaintiffs: the bill limits plaintiffs' access to state courts and local remedies, reducing opportunities to sue in nearby courts and potentially making it harder to pursue claims where they live.
Plaintiffs, defendants, and courts with pending cases: the bill's retroactive application to existing civil actions could change governing law for cases already underway, creating legal uncertainty and possibly altering outcomes or requiring re-litigation.
Federal courts and litigants nationwide: broader federal jurisdiction and removal are likely to increase federal caseloads and administrative costs, risking slower resolution of other federal matters and longer waits for litigants.
Based on analysis of 5 sections of legislative text.
Creates federal diversity jurisdiction and allows unilateral removal to federal court for civil claims involving FDA-regulated preterm infant formula, applying 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 for civil claims involving FDA-regulated preterm infant formula and lets any defendant unilaterally remove qualifying state-court cases to federal court. The change applies to cases pending at enactment and to suits filed afterward and preserves the Judicial Panel on Multidistrict Litigation’s authority to consolidate related federal cases. The goal stated in the bill is to prevent state-court forum shopping that could disrupt the domestic supply of specialized preterm infant formula and to produce uniform federal remedies for injuries allegedly caused by that formula.