Specialized Infant Formula Protection Act
- Bill Number
- S. 4940
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Status
- Introduced
- Latest Action
- 2026-06-24: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-07-07T05:08:21Z
AI-Generated Summary
Purpose The legislation aims to maintain the supply of specialized preterm infant formula regulated by the Food and Drug Administration by directing certain civil claims into federal courts.
Key Provisions
- Federal Jurisdiction: Amends 28 U.S.C. § 1332 to grant U.S. district courts original jurisdiction over civil actions alleging injury from preterm infant formula if diversity of citizenship exists between parties.
- Removal Authority: Amends 28 U.S.C. § 1441 to permit any defendant to remove such actions from state court to federal court without requiring consent from all defendants.
- Applicability: The changes apply to all civil actions pending on or filed after the date of enactment, regardless of when the state court case was originally filed.
- Rule of Construction: Preserves the authority of the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407.
Significant Changes to Existing Law
- Creates a new category of federal diversity jurisdiction specifically for preterm infant formula claims.
- Modifies standard removal procedures by eliminating the requirement for unanimous defendant consent in these cases.
- Overrides state court jurisdiction for covered claims that meet the diversity criteria.
Potential Impacts
- Shifts adjudication of relevant lawsuits from state to federal courts, potentially leading to more uniform outcomes.
- May affect the volume of cases handled by federal district courts and the Judicial Panel on Multidistrict Litigation.
- Could influence the litigation environment for entities involved in manufacturing or distributing the formula.
Main Stakeholders Affected
- Preterm infants and their families who rely on the formula.
- Manufacturers and distributors of FDA-regulated preterm infant formula.
- Hospitals and neonatal intensive care units that order and use the product.
- Plaintiffs and defendants in civil actions involving alleged injuries from the formula.
- Federal and state court systems.
Notable Legal, Constitutional, or Political Implications
- Expands federal court authority over a specific class of product liability or injury claims through targeted amendments to diversity jurisdiction and removal statutes.
- Raises questions about the balance between state and federal judicial roles in mass tort or product-related litigation.
- Applies retroactively to pending cases, altering the procedural landscape for ongoing state court proceedings.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2026-06-24: Read twice and referred to the Committee on the Judiciary.
- 2026-06-24: Introduced in Senate
Bill Versions
- Specialized Infant Formula Protection Act — issued 2026-06-24 — PDF (4 pages)