The San Diego County District Attorney’s office announced it now accepts reports of price gouging on baby formula amid a nationwide shortage when families struggle to access safe and affordable options.
San Diego County District Attorney Summer Stephan’s warning comes after Gov. Gavin Newsom released an executive order that makes price gouging illegal. Stephan said her office will investigate these reports and prosecute bad actors.
“We want county residents to know that we stand ready to protect their consumer rights under the law, and we won’t let people looking to cash in by taking advantage of families in need,” DA Stephan said. “We take violations related to price gouging very seriously and encourage consumers to report suspected price hikes that they believe may be illegal.”
Newsom's executive order generally prohibits selling infant formula at a price that exceeds, by more than 10 percent, the price of the formula charged by the seller on February 17, 2022.
According to a consumer alert released by Attorney General Rob Bonta, those who violate the executive order may face a fine of up to $1,000 and/or imprisonment of up to six months. Those who violate the law are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution.
Abbott Nutrition, the largest manufacturer of infant formula in the U.S., initiated a voluntary recall of several lines of powdered formula on Feb.17 due to concerns about bacterial contamination at a Michigan facility. The recall was announced after four infants fell ill and two died.
“With some California families wondering how they are going to feed their babies, the last thing they should have to worry about is bad actors looking to make a quick buck by hiking up the price of formula,” Bonta said.
DA Stephan’s office advised parents to not use recalled formula, and provided the following resources during this time:
- Return recalled formula to the store or call the manufacturer of the recalled formula at 800-986-8540 for a replacement.
- Parents struggling to find baby formula should visit healthychildren.org.
- More information and resources can also be found in the California Department of Public Health's Consumer Alert and the U.S. Department of Health and Human Service's Fact Sheet on the baby formula shortage.
- Families using benefits through the California Women, Infants, and Children (WIC) program can find more information on the California WIC Infant Formula Availability webpage.
- Before buying baby formula from an unfamiliar source, research the company's reputation through the Better Business Bureau (BBB) at www.bbb.org. For more information about potential scams related to the baby formula shortage, visit the BBB website here.
People can report suspected price gouging to the District Attorney’s Consumer Protection Unit at (619) 531-3507 or at consumer@sdcda.org. Reports can be made in English and Spanish.
