HR 7867: Infant Formula Safety Modernization Act of 2026

HR 7867 in plain English: This bill is early in the legislative process and detailed text is not yet available. Sponsor: Rep. DeLauro, Rosa L. [D-CT-3] (D) · Status: Referred to the House Committee on Energy and Commerce.

Stated purpose

The bill aims to strengthen the safety of infant formula by requiring standardized testing of infant formula products and manufacturing facilities for pathogens and microorganisms, and by mandating that the FDA notify Congress quickly when serious test failures or inspection problems are found.

Arguments supporters make

• The 2022 infant formula shortage exposed serious gaps in FDA oversight of manufacturing safety; standardized testing and rapid reporting would help catch contamination problems earlier and prevent future crises.
• Requiring manufacturers to report positive pathogen results within one business day — even before formula leaves the facility — gives regulators a faster chance to act before unsafe products reach babies.
• Applying the same inspection and compliance standards to both domestic and foreign formula manufacturers creates a level playing field and closes a potential safety gap for imported products.

Arguments opponents make

• The 90-day deadline for issuing final regulations is extremely tight for a complex rulemaking process, potentially forcing the FDA to rush standards that could be incomplete or create unintended compliance burdens.
• Mandatory one-business-day congressional notifications for every positive test result, even before any product leaves a facility, could trigger alarm or political pressure over preliminary findings that may not represent a real public risk.
• Small or newer infant formula manufacturers may face significant new testing and reporting costs that larger companies can absorb more easily, potentially reducing competition and market diversity in the formula supply.

Tradeoffs

Stronger and faster safety oversight may reduce the risk of contaminated formula reaching infants, but the speed and breadth of the new requirements could place significant operational and regulatory burdens on manufacturers and the FDA alike, with costs potentially passed along or competition reduced.

Current status in Congress: In committee.