New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
May 18, 2022

Michael S. Garrity, Director of Communications | (603) 931-9375

Brandon Garod, Senior Assistant Attorney General,
Consumer Protection and Antitrust Bureau | (603) 271-1217

Consumer Alert: Attorney General Warns Consumers and Businesses amid Infant Formula Shortage

Concord, NH – New Hampshire Attorney General John M. Formella urges parents to stay alert for scams and potential price gouging amid the ongoing national infant formula shortage and warns businesses against using unfair or deceptive acts when selling formula.

"No New Hampshire family trying to provide critical nutrition to their children should be price gouged or scammed. Anyone seeking to take advantage of this crisis in a manner that violates the law will be held accountable," said Attorney General Formella. "If Granite State consumers notice any exorbitant spikes in baby formula prices, I encourage them to report them to my office immediately."

The New Hampshire Department of Justice (NH DOJ) is committed to protecting the health and wellbeing of families by ensuring that businesses do not employ unfair or deceptive tactics when selling infant formula. Although the State does not have a specific anti-price gouging statute, attempts to exploit parents by selling baby formula at exorbitant prices may be considered unfair and deceptive acts or practices in violation of State law. New Hampshire vigorously enforces its consumer protection laws, and will closely scrutinize any complaints of businesses seeking to use the shortage to exploit Granite State families.

To report unfair and deceptive conduct related to the sale of infant formula, please contact the New Hampshire Consumer Protective Hotline:

The New Hampshire Attorney General's Office is also closely monitoring the impact of this shortage on Granite State children and encourages parents having difficulty finding formula to speak with their child's doctor before attempting to water down formula or make their own, both of which can be potentially dangerous. If you are struggling to find baby formula, visit

"If you have any concerns about your baby's nutrition, please talk to your pediatrician," urged Attorney General Formella. "If families have excess unopened, unexpired formula, please consider donating it to your local food pantry to help families in need. We would advise consumers to only buy as much formula as they need, as unnecessarily stocking up may intensify the shortage."

Consumers are especially encouraged to exercise vigilance when purchasing infant formula online. The NH DOJ is aware of reports of baby formula being sold online for prices far exceeding its retail value. The shortage of formula may also provide opportunities for scammers to engage in other unlawful activities.

Families are cautioned against ordering baby formula from any untrusted or unfamiliar online sources and should thoroughly research any online retailers that claim to be offering formula for sale via the Better Business Bureau (BBB) at For more information about potential scams related to the baby formula shortage, visit the BBB website here

What to look out for:

  • An unknown seller who posts an ad or social media comment claiming to have available baby formula, then responds to interested consumers with a message showing photos of formula, but never ends up sending formula after a payment is made.
  • An online seller with no sign of a brick-and-mortar business address, or who posts an address that appears on online maps as a parking lot, residence, or unrelated business.
  • Misspellings, grammatical errors, or other descriptive language inconsistent with the product in their messaging.

Additional tips:

  • Conduct an online search with the company name and the word "scam."   
  • Take a screenshot of the website/phone number information when an order is placed, as well as of the item ordered, in case the website or number disappears.
  • Credit cards can often provide more protection against fraud than other payment methods.

New Hampshire Department of Justice
33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658