,,ii  #aaith ,,congress  #b;d ,session  
,s4 #didj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bd1     
#bjbf,ms4 ,ernst introduced the         
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to ensure the   
continued availability of specialized   
infant formula regulated by the ,food   
and ,drug ,administration for preterm   
babies4  #a4 ,short title ,this ,act may
 be cited as the ,specialized ,infant   
,formula ,protection ,act4  #b4 ,purpose
 and findings  7a7 ,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 babies4    
7b7 ,findings ,congress finds the       
following3 7#a7 ,each year1 nearly      
#chj1jjj infants are born preterm in the
 ,united ,states4 ,each year1           
specialized1 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 milk4  7#b7 ,preterm infants in
 critical and intensive care facilities 
depend on access to specialized preterm 
infant formula1 formula which is        
regulated by the ,food and ,drug        
,administration4  7#c7 ,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 ,states4  7#d7 ,because preterm 
infant formula is under the jurisdiction
 and oversight of the ,food and ,drug   
,administration1 it is in the best      
interest of preterm babies and their    
families who depend on specialized1     
preterm formula to have ,federal courts 
maintain jurisdiction over adjudication 
of civil claims1 thus ensuring uniform  
judicial remedies4  #c4 ,federal        
jurisdiction over certain infant formula

 actions ,section #accb of title #bh1   
,united ,states ,code1 is amended-- 7#a7
 by redesignating subsection 7e7 as     
subsection 7f72 and  7#b7 by inserting  
after subsection 7d7 the following3  7e7
 ,infant formula mass claims  7#a7 ,in  
general ,the district courts shall have 
original jurisdiction of any civil      
action arising out of alleged injury    
caused in whole or in part by preterm   
infant formula regulated by the ,food   
and ,drug ,administration1 if-- 7,a7 any
 plaintiff and any defendant in the     
action are citizens of different        
,states2 or  7,b7 any plaintiff is a    
citizen of a ,state and any defendant is
 a citizen or subject of a foreign      
state4  7#b7 ,rule of construction      
,nothing in this subsection shall be    
construed to limit the authority of the 
judicial panel on multidistrict         
litigation under section #adjg4  4  #d4 
,removal ,section #adda of title #bh1   
,united ,states ,code1 is amended by    
adding at the end the following3  7g7   

,infant formula actions ,any civil      
action bought in a ,state court over    
which the district courts of the ,united
 ,states would have jurisdiction under  
section #accb7;e7 shall be removable by 
any defendant without the consent of all
 defendants4  4  #e4 ,applicability     
,this ,act1 and the amendments made by  
this ,act1 shall apply to any civil     
action pending on1 or filed on or after1
 the date of enactment of this ,act1    
without regard to the ,state court      
filing date4