Purpose and findings

(a) Purpose The purpose of this Act is to ensure the continued availability of specialized infant formula regulated by the Food and Drug Administration for preterm babies. (b) Findings Congress finds the following: (1) Each year, nearly 380,000 infants are born preterm in the United States. Each year, specialized, preterm infant formula is manufactured and ordered by hospitals to nourish hospitalized and other newborns who are unable to be fed by their mother’s milk. (2) Preterm infants in critical and intensive care facilities depend on access to specialized preterm infant formula, formula which is regulated by the Food and Drug Administration. (3) Efforts by some parties to engage in procedural gamesmanship through court and jurisdiction shopping in State courts for cases related to preterm infant formula may lead to a limited domestic supply of critical preterm infant formula for vulnerable babies in the United States. (4) Because preterm infant formula is under the jurisdiction and oversight of the Food and Drug Administration, it is in the best interest of preterm babies and their families who depend on specialized, preterm formula to have Federal courts maintain jurisdiction over adjudication of civil claims, thus ensuring uniform judicial remedies.