INFANT Act Forces WIC Formula Bidding to Focus on Two Absolute Lowest Prices

The newly proposed Improving Newborn Formula Access for a Nutritious Tomorrow Act of 2025, or the INFANT Act, is taking aim at how states buy infant formula for the Women, Infants, and Children (WIC) program. Specifically, Section 2 of the bill tightens the definition of "competitive bidding" for WIC formula contracts. Moving forward, when states look for formula suppliers, they must narrow the initial selection down to the two manufacturers who offer the absolute lowest price based on sealed bids. From those two lowest bidders, the state agency will then select one as the "primary manufacturer" and the other as the "secondary manufacturer."

The Fine Print on Formula Procurement

Think of this change like this: currently, states try to get the best deal, but the process has some wiggle room. This bill removes that wiggle room, making the process hyper-focused on price. The goal is clear—to ensure WIC is getting the maximum bang for its buck, which is critical since WIC is responsible for half of all infant formula sales in the U.S. This section also cleans up the legal language, making sure that rules now consistently refer to "contracts are awarded" (plural) instead of "a contract is awarded" (singular), reflecting that two suppliers are now being designated.

What This Means for Parents and Manufacturers

For most WIC participants—parents juggling work and childcare—this is mostly an administrative change. You’ll still get formula covered by WIC, but the bill aims for greater clarity in the contract process that determines which brands are available. State agencies benefit from this clarity, as the definition of competitive bidding is now crystal clear, potentially streamlining the selection phase.

The biggest impact falls on manufacturers. The focus shifts entirely to the two absolute lowest bids. If a manufacturer offers a slightly better formula or more diverse options but their price comes in third, they are out of the running completely, according to this new definition. While the focus on the lowest price aims to save taxpayer money, a potential concern is whether this intense focus on cost might inadvertently limit the variety of formulas available to WIC families if the two lowest bidders don't cover the full range of specialized or common formulas needed across a state. However, the bill itself only addresses the bidding mechanism—it doesn't specify which formulas must be covered, leaving that detail to the state agencies working with the two selected manufacturers.