FORMULA Act of 2026

This bill is a proper exercise of Congress's power under the Commerce Clause, as infant formula is an article of interstate commerce, and the regulation of contaminants therein is essential to protect the public health and welfare. The Constitution vests Congress with authority to regulate commerce among the several states (Article I, Section 8, Clause 3), and the establishment of uniform safety standards for infant formula falls squarely within that power, as it prevents harmful products from entering the stream of commerce and ensures the free flow of goods across state lines. Furthermore, t…

This bill exceeds the powers delegated to Congress by the Constitution. The regulation of manufacturing standards for infant formula is a matter of public health and safety, which, under the Tenth Amendment, is reserved to the states. The Commerce Clause (Article I, Section 8) does not grant Congress authority to prescribe such internal manufacturing standards, as they do not directly pertain to interstate commerce but rather to local police powers. I cannot consent to such an expansion of federal authority.

This bill falls within the enumerated power of Congress to regulate interstate commerce, as infant formula is a product distributed across state lines. The Federal Food, Drug, and Cosmetic Act is a valid exercise of that power, and establishing safety standards for infant formula is a necessary and proper measure to protect the public health and prevent fraud in the marketplace. The Constitution grants Congress authority to regulate commerce among the several states (Article I, Section 8, Clause 3), and the Tenth Amendment reserves to the states only those powers not delegated to the United St…

This bill is a constitutional exercise of Congress's power under the Commerce Clause, as it regulates the safety of infant formula, an article of interstate commerce. The establishment of maximum permissible levels for contaminants is a necessary and proper measure to ensure the purity and safety of such products, consistent with the principles of McCulloch v. Maryland that Congress may employ means appropriate to legitimate ends. The legislation does not intrude upon state sovereignty, as it sets uniform federal standards for articles moving in commerce, and does not commandeer state regulato…