• The Washington Post reports that "President Biden on Wednesday invoked the Defense Production Act to address a nationwide shortage in baby formula, marking a major attempt to ramp up domestic manufacturing rapidly as parents are scrambling and store shelves are running bare.
"The White House said the directive requires the suppliers of key formula ingredients to prioritize the delivery of those resources to formula producers, adding that the administration would simultaneously launch a new operation to ensure faster flights of imports using Defense Department air cargo contacts.
"The moves reflected the magnitude of the current shortage, which has seen some parents driving for miles on end to locate formula, including specialty products that are critical to infants’ health. The U.S. government previously tapped the same 1950 law in the early days of the coronavirus pandemic, aiming to ensure the speedy production of key equipment as the crisis worsened."
• The Wall Street Journal reports that McDonald's and Wendy's are facing a possible class action suit, " filed in the U.S. District Court for the Eastern District of New York Tuesday," alleging that "both companies have wrongly advertised the size of their various cheeseburgers. The suit alleges that the ads make the burgers appear much larger than the ones customers are actually served … The lawsuit, which includes at least 20 photos of cheeseburgers, says that both companies use undercooked patties in their advertisements, allowing them to showcase burgers that are about 15% to 20% bigger than the ones served. Meat in general tends to shrink by 25% when cooked, the lawsuit says."
The Journal notes that "the same three law firms involved in this case also filed a similar lawsuit against Burger King Corp. in March. That lawsuit, filed in the U.S. District Court for the Southern District of Florida, alleges that Burger King also mis-advertises the size of its burgers."
• Axios reports that "top lawmakers on the Senate health committee are proposing to beef up FDA oversight of dietary supplements, cosmetics and lab-developed tests as part of a sweeping plan to reauthorize regulatory programs … A draft plan released Tuesday by Senate HELP Committee Chair Patty Murray (D-Wash.) and Ranking Member Richard Burr (R-N.C.) would, among other things, require premarket approval of supplements and make manufacturers disclose what's in their products."
Currently, Axios writes, "The FDA lacks authority to approve supplements, and firms generally don't have to provide evidence for the FDA to conclude the products are safe."
Not surprisingly, "some supplement manufacturers are aggressively fighting the plan: The Natural Products Association says it would drive up consumer costs and weaken privacy protections for the industry's supply chain."