On May 21, 2022, the City of New York declared a state of emergency related to the shortage of supply in infant formula. Emergency Executive Order 98 puts into immediate effect the City’s price gouging rule, which makes price gouging illegal for any product essential to health, safety, or welfare during a declared state of emergency in the City of New York.

Businesses selling infant formula cannot charge 10% or more above the price available to consumers 30 to 60 days before the state of emergency.

If you think a store, including an online business, significantly increased the price of infant formula, you can file an overcharge complaint.

If you are struggling to find formula for your family, visit the Parenting Support page for information and resources.

In 2020, the Department of Consumer and Worker Protection announced a permanent price gouging rule under the City’s Consumer Protection Law. The rule makes price gouging illegal for any product essential to health, safety, or welfare during a declared state of emergency in the City of New York.

Examples include:

• Staple food items (milk, bread, eggs)
• Emergency supplies (water, flashlights, batteries)
• Diagnostic products and services (test kits, thermometers)
• Disinfectants (wipes, liquids, sprays)
• Face masks
• Gloves
• Hand sanitizer
• Medicines
• Paper towels
• Rubbing alcohol
• Soap
• Gasoline

It is illegal to increase the prices of these types of goods and services by 10% or more.

If you think a store, including an online business or a street vendor, excessively increased the price of these items beginning in June 2020, you can file an overcharge complaint with the City.