The Defense Production Act Invoked Due to the Formula Shortage

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The latest example of disruption in the American supply chain is the formula shortage. Ensuring our next generation of citizens has a robust, resilient food supply has not, apparently, been a big priority for our government or industry leaders, and parents across the U.S. are panicking.  

If you are one of the parents scrambling for formula, Organic Prepper has had some articles (HERE and HERE) lately that you might find helpful. I really, really wish you the best.  

A formula shortage should never, ever have occurred to begin with.

The shortage has been caused by a combination of overly-burdensome regulations and industry consolidation, where only three companies produce the overwhelming majority of infant formula. The U.S. government has created a problem through bureaucratic incompetence and now granted itself emergency powers to deal with a problem that should never have existed in the first place. These emergency powers may very well impact all of us, whether or not we have a formula-dependent infant in the house.

(Want to learn more about building up your food storage? Check out our free QUICKSTART Guide to our 3-layer food storage plan.)

Here comes the Defense Production Act.

Defense Production Act
Harry Truman

On May 18, Biden invoked the Defense Production Act to speed up the production of infant formula. What, exactly, does infant formula have in common with a Korean War-era government act?

President Harry Truman enacted the original D.P.A. in 1950 in response to the invasion of South Korea. The War Powers Acts enacted in 1941 and 1942, when the Americans were engaged in World War II, inspired much of the language behind the D.P.A. in its original form.

The D.P.A. granted the president authorities, including (but not limited to) the demand that manufacturers give priority to defense production, to requisition materials and property, to expand government and private defense production capacity, ration consumer goods, fix wage and price ceilings, force settlement of some labor disputes, control consumer credit and regulate real estate construction credit and loans, provide certain antitrust protections to industry, and establish a voluntary reserve of private sector executives who would be available for emergency federal employment.

Now, Titles II, IV, V, and VI (those relating to requisitioning, rationing of consumer goods, price-fixing, labor disputes, and credit controls), expired in 1953. 

However, the U.S. government has taken these powers into its own hands before.

It would not be unreasonable for them to do so again. And the D.P.A. itself has been reactivated more than 50 times since its original enactment. The document doesn’t want to die. Or rather, our government representatives don’t want it to.

And why would they? 

The D.P.A. itself contains very sweeping powers. Even the powers that have supposedly expired (like the power to requisition property) haven’t really. Ask anyone who has lost property in the name of eminent domain. This goes on far, far more than people realize.  

Your preps are considered fair game.

Titles I, III, and VII are still active, and Section 102, regarding the hoarding of designated scarce materials, is something preppers, in particular, should be aware of.

Section 102 of the Defense Production Act states that:

In order to prevent hoarding, no person shall accumulate (1) in excess of the reasonable demands of business, personal, or home consumption, or (2) for the purpose of resale at prices in excess of prevailing market prices, materials that have been designated by the president as scarce materials or materials the supply of which would be threatened by such accumulation. The president shall order published in the Federal Register, and in such other manner as he may deem appropriate, every designation of materials, the accumulation of which is unlawful, and any withdrawal of such designation.

In making such designations, the president may prescribe such conditions with respect to the accumulation of materials in excess of the reasonable demands of business, personal, or home consumption as he deems necessary to carry out the objectives of this Act [sections 4501 to 4568 of 50 U.S.C.] This section shall not be construed to limit the authority contained in sections 101 and 704 of this Act [sections 4511 and 4554 of 50 U.S.C.].

In sum, this means that the president retains the power to designate certain articles as “scarce” and then outlaw their accumulation.

So, if baby formula gets designated scarce, and you’ve been snagging any cans you see of the one hypoallergenic brand your baby can tolerate, in theory, you could be prosecuted.  

Of course, this is not happening yet. But the legal framework is in place.

So, what’s a prepper to do about the Defense Production Act? 

For starters, don’t draw attention to yourself when you shop. Having an emergency stockpile of food is reasonable. Pulling the last bag of beans away from some old lady who can barely reach the shelves at the grocery store is not. I know this happens. Don’t be one of those people. The best way to stockpile food is slowly by grabbing one or two extra items each trip. Don’t show up and plan to empty the shelves. I used to work at a grocery store. Trust me, the people that do this attract attention.  

My grocery stores started having big gaps in 2020. Since then, I will grab extras of key items if they go on sale or if it’s one of those “Buy 5, get $1 off each!” type deals. But I won’t clean them out. I keep enough of a rotating stock of various things at my house that I don’t need to. I started that process a few years ago, and it is never too late to start building yourself a little pantry. Just do it as anonymously as possible.

There are some specific things about formula, however.

Formula’s a little different because it’s not something many people can easily swap out for different brands. It seems like a large number of babies really need specific types. Even breastfeeding moms often have to tweak their diets to accommodate babies’ systems. I had to stop drinking milk for about six months when my daughter was an infant because she couldn’t tolerate it in my breastmilk. I would have a hard time criticizing someone raising an infant with dietary issues, trying to stock up on formula.  

If I had a healthy six-month-old, I would probably see how much of their caloric intake I could shift into things like quality whole-milk yogurt, avocados, and liver. Both of my sons tolerated whole-milk yogurt very well at about six months of age. If I had a newborn that needed hypoallergenic formula, frankly, I’d probably be trying to get as much as I could and praying a lot. Those parents are facing a scary situation.  

Formula has not been designated a “scarce resource” yet, but it might become one soon.

Image courtesy of Wikimedia Commons.

Other food items may be designated scarce, as well. We need to be aware and pay attention. This is not silly tinfoil hat stuff. Back in the 1940s, when items such as coffee and sugar were being rationed, government officials would occasionally go into people’s houses and conduct searches for hoarded items. This happened to some elderly relatives I had living in Chicago. They never got in trouble, but it did happen. Government officials have conducted searches for excess amounts of food. They might start it up again.

(Looking for more information on emergency evacuations? Check out our free QUICKSTART Guide.)

It’s not time to panic. But it is time (long past) to pay attention to some of these laws enacted by our government. From lockdowns to jab passports to equating differing scientific opinions with domestic terrorism, our government has accumulated an incredible amount of power during the past two years. Enacting the Defense Production Act is yet another power grab.  

It may also be another way to enforce conformity.

During both the era of Soviet collectivization and the Cultural Revolution, food was confiscated and given out preferentially to the cities to encourage people to abandon the countryside and become good little factory workers, living in apartments and utterly dependent on the state for their rations.  

Is our government headed in the same direction? We need to pay attention.

Tell us your thoughts in the comments.

About Marie Hawthorne

A lover of novels and cultivator of superb apple pie recipes, Marie spends her free time writing about the world around her.

Picture of Marie Hawthorne

Marie Hawthorne

A lover of novels and cultivator of superb apple pie recipes, Marie spends her free time writing about the world around her.

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  • Sure. Just like the Canadian government invoked the emergencies act in order to be able to seize bank accounts and freeze peoples assets.

    This was also done as a reaction to a reaction to a problem that they themselves created.

    • Banks froze some accounts, not the “government”. Convoy created the problem by occupying Ottawa for 3 weeks. Go fund me types accounts returned money to donors. Vehicles that were removed were claimed later by their owners and paid a fee to get them back. Just like any person who needs to get their towed vehicle back. Enough videos on internet proving this.

        • Saw some of the videos showing the damage. Have no sympathy for them. They were given plenty of opportunity to leave but they chose not to. As they say f**k around and find out. Some elderly people I know living there were harassed and pushed. They were terrified.

          There’s protesting but the convoy was a free for all.

  • Just read the heads of the FDA got grilled on the Hill about their various failures. I believe the primary quote is, “Too slow.”
    Meanwhile, look! They brought in 70,000bls of infant formula from the EU via military transport!
    If they did not set up the infant formula industry to consolidate it to 4 companies, allow for more competition (takes stacks of paperwork, millions in fees) or for imports, we would not be in this situation in the first place.

  • I think that the formula shortage is a blessing in disguise if people use godly wisdom. Mothers who did not take a COVID injection and can breastfeed have natural formula already. Those who did take the gene therapy can still find natural ways to make formula from places such as Weston Price and others. In fact, I’m in the middle of a video right now suggesting a way to make a “formula” that would possibly be good for nearly everyone: Since I’m not a doctor or expert it is important to do your own research on these recipes! As for the DPA: It is clear that the current regime is doing NOTHING to help America but truly wants to destroy the country. I think our hope lies in returning to God through Jesus. That may not be something people would like to discuss here, but I find I cannot take helpful action without God’s love at work in me to both resist the evil and stand up righteously. God gives grace to the humble and it’s humbling to me to admit I need a “higher power”!

    • Vickie, you are correct when you say we need to return to the Lord. It is God who will feed his people and change the hearts of men, even if they are wicked. The USA is gone the evil ones want to kill most people and those who will do their will someday will die also. It’s time for God’s people to leave this world for the next seven years will be Satan’s time to kill, steal, and main this world. He has been given this time to show the world what real evil is like. The bride of Christ will not be here. For judgment is on the wicked. Stay in the ark of God just as the days of Noah so will it be in our time, Noah was spared the flood and we God’s children will be spared the wrath to come. Get your spiritual house right with God and he will take care of ALL our needs. He is faithful and I”ve walked with him for years and have learned to trust his word. I have not been hungry nor has my family been without. God has blessed us for I’ve been obedient to him.

    • We must pray for guidance, family safety, wisdom and other personal things. Praying for thsi country is useless and has been for decades, esp. since the ’90’s when common core was pushed in the schools and promoting all kinds of corruption of family values. God has slammed the door and welded it shut on America and many think likewise. I am 77 and look back in time, younger people can’t because they can’t look back in time as far back as elders. I won’t waste my time praying for anything that is useless. Wisdom and guidence for the iffy times ahead is more important. This country is beyond fixing, like a shattered crystal bowl or burned out engine in a car or compressor in a heat pump, etc..

  • There comes a time when if you do anything besides FIGHT, you will DIE. When they begin taking the People’s food and resources, for ANY reason, you have already lost. And if you do not stand up then, you will end up 6 feet in a hole, which is likely where you will be anyway due to your lack of action to fight, merely prepping for yourself. Those who only have regard for themselves and nobody else, will just say, “what is the use.” Those are the ones who will be the first to collaborate with the Enemy that intends the destruction of the rest. They always somehow end up found HANGING from a tree outside of town. If you do not intend to help your neighbor, you yourself will never get any help from God. Without His help, you will not be around long, before someone comes to TAKE what you have, and Snipe you on your front porch, if the Govt. does not get there first, or the 40 Thugs from town who need to feed their kids.

  • “The legal framework is in place.”
    “Other food items may be designated scarce, as well.”
    Heads up folks.

  • Article 1, Section 8, Clause 17 of the united states Constitution define where the feds have jurisdiction within the boundary of the many states. In 1957, Eisenhower commissioned a study to try and get around that clause. The findings was the feds could not. In Texas, it is the state legislature that has to call martial law. No where in the united states Constitution does it grant martial law to the feds. Remember we do not have a national government, but a federal government. Federal means by contract, by agreement. That contract is the constitution. Now comes the problem. If the governors and state legislatures do not stand up, then the federal over reach will be allowed to happen. Martial law falls under the 10th Amendment to the united states Constitution. Look at Louisiana. Their state senate committee just passed a bill stopping the enforcement of any federal gun legislation or registration within their state. Just because a federal government passes legislation it does not have to be followed if it violates either the state or federal constitutions. The way the feds have been sneaking in is through grant money. All grants have strings attached. Out here in west Texas the sheriffs have been getting money from the feds for an extra deputy and equipment, etc. They look the other way when border patrol trespasses on citizens private property, cut locks and put their own on gates, drive through agriculture fences, etc. and even pull guns on citizens (not illegals). The sheriffs don’t want to lose their inflated budgets thanks to the feds.

  • What in the world did we do before the FDA or all of this mass produced “food?” How on earth did American’s survive! God forbid that we cease to have “Health Depts” to tell us how to be healthy! Do we really need all of the alphabet agencies to tell us everything? Since when did we all become so stupid and deserving of being called “sheep?”

    This is so insane. That mothers have to be told by doctors how to be mothers!
    Folks can’t even seem to be responsible for their own health apart from routine “wellness” visits to doctors who are themselves slaves to the pharmaceutical and insurance industries! Health is NOT in the form of prescription pills etc!
    When are people going to understand that the feds do NOT care about your health? Neither do the crooks who concoct all of these so-called medicines or fabricate “insurance” policies.

    The medical system has become yet another god that so many worship, blindly I might add. It’s just insane to me that so few seem to be able to figure things out and be responsible for themselves and their families. I do not define responsible by how many trips to the doctor you make either!

    Come on folks. Independence/freedom is what makes America a great country to live in. Why do so many insist on giving up their freedoms for a false sense of security? God gave each of us a brain and a conscience. Use em!
    Stop with all the fear based reactions. If you are a believer in God you have zero reason to fear what man can do to your body. Stop buying in to the Chicken Little mentality. The sky is not falling today as far as I know. Live your lives and count your blessings.

    • Missouri Patriot for President!!!!! I would vote for you! But you’re right: this world is exactly what was prophesied in the Bible. No going back. We are living our lives as followers of Jesus Christ until He returns and, hopefully, we will hear “Well done, thou good and faithful servant.”

  • Please alert your friends and neighbors that it’s entirely possible to make HOMEMADE BABY FORMULA that was developed by the authors of Nourishing Traditions to resemble breast milk as closely as possible, and is superior nutritionally to all commercial formula (even organic). Babies THRIVE on this!

    There are variations to suit one’s needs. Once you get set up, it’s not hard. Radiant Life Catalog offers a kit to get you going. See the following links.

    The main recipe with video tutorial:

    Here’s a hypoallergenic variation:

    And a goat milk formula option:

  • ALL YOU WOMEN..DO NOT GIVE YOUR BABIES THE GOVERNMENT BABY FORMULA..IT HAS SNAKE VENOM IN IT,its killing children all over america…JUST like the cv vax,WHEN on earth will you learn SATAN is in control of the US GOVERNMENT,and yes they hate you BUT they hate children even more…

  • “Having an emergency stockpile of food is reasonable. Pulling the last bag of beans away from some old lady who can barely reach the shelves at the grocery store is not. I know this happens. Don’t be one of those people.”
    Yeah, and if you ARE one of those people, find that woman and give her half of your supply of beans…….oh, and throw in a 10-lb. bone-in ham. I thank you in advance.

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