Beshear signs executive order to activate price-gouging laws for baby formula, which remains in short supply

Beshear encouraged any families who have experienced price gouging to contact Cameron’s office. That can be done by calling 502-695-5485 or by filling out a price-gouging complaint form. 

Cameron encouraged those who use the form to report as many details as possible about the suspected gouging, including the name and address of the seller or retailer, the item purchased, the price of the item after the emergency declaration and the price of the item before the emergency declaration, if known. And if consumers are seeking a refund, he said they should keep receipts to show proof of purchase.

“As parents, Makenze and I recognize the incredible stress and fear that the shortage is causing Kentucky families, and our office will use the full force of the law to ensure that the price charged for essential products like baby formula is no more than the law allows,” Cameron said in a news release.

Beshear acted a week after Kentucky lawmakers met to discuss the baby formula shortage, and Rep. Kim Moser, R-Taylor Mill, called in an opinion article for him to address price-gouging issues.

State Health Commissioner Steven Stack encouraged families who are struggling to find baby formula to seek support from a number of agencies.

“The infant formula shortage has caused worry and frustration for Kentucky’s families as they have sought to provide nutrition to our most precious citizens,” Stack said in a news release.  “We encourage families to reach out to all available resources in their community, including local health departments, pediatricians, food pantries, community action councils and other supporting agencies to meet the nutritional needs of their infants and to ensure they thrive. We also encourage all eligible families to enroll in WIC or SNAP to help during this shortage.”

Women, Infants and Children nutrition benefits are available to Kentucky residents who are pregnant, breastfeeding or have a child 5 or younger and have household income of no more than 185% of the federal poverty level, with rules governing what counts as income. Anyone who receives Medicaid or is part of the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps) automatically meets income requirements for WIC. Click here for a WIC pre-screening Tool to see if you are eligible.

The shortage is largely the result of of violations at Abbott Nutrition‘s Michigan factory that caused the U.S. Food and Drug Administration to shut it down in February. The investigation was prompted by four bacterial infections in infants who had consumed formula from the plant. Abbot has up to 40% of the formula market in the U.S.