(File Photo: Source for Photo: FILE – The Food and Drug Administration seal is seen at the Hubert Humphrey Building Auditorium in Washington, April 22, 2025. (AP Photo/Jose Luis Magana, File)

(AP) Preliminary tests showed that ByHeart baby formula contained the type of bacteria that produces the toxin linked to a botulism outbreak, California health officials said.

The outbreak has sickened at least 13 infants in 10 states. No deaths have been reported.

“Consumers in possession of this product should stop using it immediately,” the California Department of Public Health said in a statement late Saturday.

More tests of ByHeart Whole Nutrition Infant Formula are pending as state and federal health officials investigate the outbreak that started in mid-August. The New York-based company this weekend recalled two lots of the powdered product.

Here’s what to know about the outbreak and infant botulism.

Infant botulism outbreak

The outbreak of infant botulism has sickened babies aged 2 weeks to 5 months since mid-August. All were hospitalized after consuming ByHeart powdered formula, according to the U.S. Centers for Disease Control and Prevention.

The cases occurred in Arizona, California, Illinois, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Texas and Washington.

ByHeart officials agreed to recall two lots of the company’s Whole Nutrition Infant Formula, according to the U.S. Food and Drug Administration. The formula has a best-by date of December 2026.

California health officials tested a can of the powdered formula that was fed to a baby who fell ill. The results “suggest the presence” of the type of bacteria that produces the botulism toxin confirmed in other cases. It can take several days to confirm the results.

ByHeart officials said that “more testing is needed” to know whether the type of bacteria that causes botulism is present. It comes from a large family of bacteria, many of which are found naturally in the environment and don’t cause illness, the company said.

“We take this very seriously,” it said in a statement Sunday.

The FDA is investigating reports of 83 cases of infant botulism reported since August including the cases linked to ByHeart baby formula.

Causes of infant botulism

Infant botulism typically affects fewer than 200 babies in the U.S. each year. It is caused by a type of bacteria that produces toxins in the large intestine. The bacterium is spread through hardy spores present in the environment that can cause serious illness, including paralysis.

Infants younger than 1 are particularly vulnerable and can be sickened after exposure to the spores in dust, dirt or water or by eating contaminated honey.

Symptoms can take weeks to develop and can include poor feeding, loss of head control, drooping eyelids and a flat facial expression. Babies may feel “floppy” and can have problems swallowing or breathing.

No known outbreaks of infant botulism tied to powdered formula have previously been confirmed, said Dr. Steven Abrams, a University of Texas nutrition expert.

“This would be extremely rare,” he said.

Infant botulism treatment

The only treatment is known as BabyBIG, an IV medication made from the pooled blood plasma of adults immunized against botulism. California’s Infant Botulism Treatment and Prevention Program developed the product and is the sole source worldwide.

BabyBIG works to shorten hospital stays and decrease the severity of illness in babies with botulism. Because the infection can affect the ability to breathe, infants often need to be placed on ventilators.

All of the children in the ByHeart outbreak have received the medication, the CDC said.

Potential impact on U.S. formula supplies

There is no danger of infant formula shortages because of this outbreak. ByHeart, which was founded in 2016, accounts for an estimated 1% of national formula sales, according to the CDC. The company sells formula through its website and in retail stores nationwide.

That’s different from the crisis in late 2021 and 2022, when four infants were sickened by a different germ after consuming formula made by Abbott Nutrition. Two of the babies died. No direct link was found between the Abbott products and the infections caused by cronobacter sakazakii, but FDA officials closed the company’s Michigan plant after contamination and other problems were detected.

Abbott recalled top brands of infant formula, triggering a massive nationwide shortage that lasted for months.

In 2022, ByHeart recalled five batches of infant formula after a sample at the company’s packaging plant tested positive for cronobacter sakazakii, the germ at the heart of the Abbott crisis. In 2023, the FDA sent a warning letter to the company detailing “areas that still require corrective actions.”

Reviewing infant formula ingredients

Federal health officials have vowed to overhaul the U.S. food supply and are taking a new look at infant formula.

Health Secretary Robert F. Kennedy Jr. has directed the Food and Drug Administration to review the nutrients and other ingredients in infant formula, which fills the bottles of millions of American babies.

The effort, dubbed “Operation Stork Speed,” is the first deep look at the ingredients since 1998.

FDA officials are reviewing comments from industry, health experts and public to decide next steps.

(File Photo: Source for Photo: The U.S. Capitol is photographed on 37th day of the government shutdown, Thursday, Nov. 6, 2025, in Washington. (AP Photo/Mariam Zuhaib)

WASHINGTON (AP) — The Senate took the first step to end the government shutdown on Sunday after a group of moderate Democrats agreed to proceed without a guaranteed extension of health care subsidies, angering many in their caucus who say Americans want them to continue the fight.

In a test vote that is the first in a series of required procedural maneuvers, the Senate voted 60-40 to move toward passing compromise legislation to fund the government and hold a later vote on extending Affordable Care Act tax credits that expire Jan. 1. Final passage could be several days away if Democrats object and delay the process.

The agreement does not guarantee the health care subsidies will be extended, as Democrats have demanded for almost six weeks. Senate Democratic leader Chuck Schumer of New York voted against moving ahead with the package, along with all but eight of his Democratic colleagues.

A group of three former governors — New Hampshire Sen. Jeanne Shaheen, New Hampshire Sen. Maggie Hassan and Independent Sen. Angus King of Maine — broke the six-week stalemate on Sunday when they agreed to vote to advance three bipartisan annual spending bills and extend the rest of government funding until late January in exchange for a mid-December vote on extending the health care tax credits.

The agreement also includes a reversal of the mass firings of federal workers by the Trump administration since the shutdown began on Oct. 1 and would ensure that federal workers receive back pay.

Senate Majority Leader John Thune quickly endorsed the deal and called an immediate vote to begin the process of approving it as the shutdown continued to disrupt flights nationwide, threaten food assistance for millions of Americans and leave federal workers without pay.

“The time to act is now,” Thune said.

Returning to the White House on Sunday evening after attending a football game, President Donald Trump did not say whether he endorsed the deal. But he said, “It looks like we’re getting close to the shutdown ending.”

Five Democrats switch votes

In addition to Shaheen, King and Hassan, Democratic Sen. Tim Kaine of Virginia, home to tens of thousands of federal workers, also voted in favor of moving forward on the agreement. Illinois Sen. Dick Durbin, the No. 2 Democrat, Pennsylvania Sen. John Fetterman and Nevada Sens. Catherine Cortez Masto and Jacky Rosen also voted yes.

The moderates had expected a larger number of Democrats to vote with them as 10-12 Democratic senators had been part of the negotiations. But in the end, only five Democrats switched their votes — the exact number that Republicans needed. King, Cortez Masto and Fetterman had already been voting to open the government since Oct. 1.

The vote was temporarily delayed on Sunday evening as three conservatives who often criticize spending bills, Republican Sens. Mike Lee of Utah, Rick Scott of Florida and Ron Johnson of Wisconsin, withheld their votes and huddled with Thune at the back of the chamber. They eventually voted yes after speaking to Trump, Lee said.

Another Republican, Sen John Cornyn of Texas, had to fly back from Texas to deliver the crucial 60th vote.

Schumer votes no

After Democrats met for over two hours to discuss the proposal, Schumer said he could not “in good faith” support it.

Schumer, who received blowback from his party in March when he voted to keep the government open, said that Democrats have now “sounded the alarm” on health care.

“We will not give up the fight,” he said.

Independent Sen. Bernie Sanders of Vermont, who caucuses with the Democrats, said giving up the fight was a “horrific mistake.”

Sen. Chris Murphy, D-Conn., agreed, saying that in last week’s elections people voted overwhelmingly Democratic “to urge Democrats to hold firm.”

A bipartisan agreement

Democrats had voted 14 times not to reopen the government as they demanded the extension of tax credits that make coverage more affordable under the Affordable Care Act. Republicans said they would not negotiate on health care, but GOP leaders have been quietly working with the group of moderates as the contours of an agreement began to emerge.

The agreement includes bipartisan bills worked out by the Senate Appropriations Committee to fund parts of government — food aid, veterans programs and the legislative branch, among other things. All other funding would be extended until the end of January, giving lawmakers more than two months to finish additional spending bills.

The deal would reinstate federal workers who had received reduction in force, or layoff, notices and reimburse states that spent their own funds to keep federal programs running during the shutdown. It would also protect against future reductions in force through January and guarantee federal workers would be paid once the shutdown is over.

House Democrats push back

House Democrats swiftly criticized the Senate.

Texas Rep. Greg Casar, the chairman of the Congressional Progressive Caucus, said a deal that doesn’t reduce health care costs is a “betrayal” of millions of Americans who are counting on Democrats to fight.

“Accepting nothing but a pinky promise from Republicans isn’t a compromise — it’s capitulation,” Casar said in a post on X. “Millions of families would pay the price.”

Rep. Angie Craig of Minnesota posted that “if people believe this is a ‘deal,’ I have a bridge to sell you.”

House Democratic leader Hakeem Jeffries blamed Republicans and said Democrats will continue to fight.

“Donald Trump and the Republican Party own the toxic mess they have created in our country and the American people know it,” Jeffries said.

Health care debate ahead

It’s unclear whether the two parties would be able to find any common ground on the health care subsidies before a promised December vote in the Senate. House Speaker Mike Johnson, R-La., has said he will not commit to bring it up in his chamber.

Some Republicans have said they are open to extending the COVID-19-era tax credits as premiums could skyrocket for millions of people, but they also want new limits on who can receive the subsidies and argue that the tax dollars for the plans should be routed through individuals.

Other Republicans, including Trump, have used the debate to renew their yearslong criticism of the law and called for it to be scrapped or overhauled.

Shutdown effects worsen

Meanwhile, the consequences of the shutdown have been compounding. U.S. airlines canceled more than 2,000 flights on Sunday for the first time since the shutdown began, and there were more than 7,000 flight delays, according to FlightAware, a website that tracks air travel disruptions.

Treasury Secretary Sean Duffy said on CNN’s “State of the Union” that air travel ahead of the Thanksgiving holiday will be “reduced to a trickle” if the government doesn’t reopen.

At the same time, food aid was delayed for tens of millions of people as Supplemental Nutrition Assistance Program benefits were caught up in legal battles related to the shutdown.

And in Washington, home to tens of thousands of federal workers who have gone unpaid, the Capital Area Food Bank said it is providing 8 million more meals ahead of the holidays than it had prepared for this budget year — a nearly 20% increase.

FILE – SNAP EBT information sign is displayed at a gas station in Riverwoods, Ill., Saturday, Nov. 1, 2025. (AP Photo/Nam Y. Huh, file)

By DAVID A. LIEB, MICHAEL CASEY, SCOTT BAUER and MIKE CATALINI Associated Press
BOSTON (AP) — The Supreme Court on Friday granted the Trump administration’s emergency appeal to temporarily block a court order to fully fund SNAP food aid payments amid the government shutdown, even though residents in some states already have received the funds.
A judge had given the Republican administration until Friday to make the payments through the Supplemental Nutrition Assistance Program. But the administration asked an appeals court to suspend any court orders requiring it to spend more money than is available in a contingency fund, and instead allow it to continue with planned partial SNAP payments for the month.
After a Boston appeals court declined to immediately intervene, Supreme Court Justice Ketanji Brown Jackson issued an order late Friday pausing the requirement to distribute full SNAP payments until the appeals court rules on whether to issue a more lasting pause. Jackson handles emergency matters from Massachusetts.
Her order will remain in place until 48 hours after the appeals court rules, giving the administration time to return to the Supreme Court if the appeals court refuses to step in.
The food program serves about 1 in 8 Americans, mostly with lower incomes.
Officials in more than a half-dozen states confirmed that some SNAP recipients already were issued full November payments on Friday. But Jackson’s order could prevent other states from initiating the payments.
Which states issued SNAP payments
In Wisconsin, more than $104 million of monthly food benefits became available at midnight on electronic cards for about 337,000 households, a spokesperson for Democratic Gov. Tony Evers said. The state was able to access the federal money so quickly by submitting a request to its electronic benefit card vendor to process the SNAP payments within hours of a Thursday court order to provide full benefits.
Oregon Gov. Tina Kotek, a Democrat, said state employees “worked through the night” to issue full November benefits “to make sure every Oregon family relying on SNAP could buy groceries” by Friday.
Hawaii had the information for November’s monthly payments ready to go, so it could submit it quickly for processing after Thursday’s court order — and before a higher court could potentially pause it, Joseph Campos II, deputy director of Hawaii’s Department of Human Services, told The Associated Press.
“We moved with haste once we verified everything,” Campos said.
Trump’s administration told the Supreme Court that the fast-acting states were “trying to seize what they could of the agency’s finite set of remaining funds, before any appeal could even be filed, and to the detriment of other States’ allotments.”
“Once those billions are out the door, there is no ready mechanism for the government to recover those funds,” Solicitor General D. John Sauer wrote in the court filing.
Officials in California, Kansas, New Jersey, Pennsylvania and Washington state also said they moved quickly to issue full SNAP benefits Friday, while other states said they expected full benefits to arrive over the weekend or early next week. Still others said they were waiting for further federal guidance.
Many SNAP recipients face uncertainty
The court wrangling prolonged weeks of uncertainty for Americans with lower incomes.
An individual can receive a monthly maximum food benefit of nearly $300 and a family of four up to nearly $1,000, although many receive less than that under a formula that takes into consideration their income.
For some SNAP participants, it remained unclear when they would receive their benefits.
Jasmen Youngbey of Newark, New Jersey, waited in line Friday at a food pantry in the state’s largest city. As a single mom attending college, Youngbey said she relies on SNAP to help feed her 7-month-old and 4-year-old sons. But she said her account balance was at $0.
“Not everybody has cash to pull out and say, ‘OK, I’m going to go and get this,’ especially with the cost of food right now,” she said.
Later Friday, Youngbey said, she received her monthly SNAP benefits.
The legal battle over SNAP takes another twist
Because of the federal government shutdown, the Trump administration originally had said SNAP benefits would not be available in November. However, two judges ruled last week that the administration could not skip November’s benefits entirely because of the shutdown. One of those judges was U.S. District Judge John J. McConnell Jr., who ordered the full payments Thursday.
In both cases, the judges ordered the government to use one emergency reserve fund containing more than $4.6 billion to pay for SNAP for November but gave it leeway to tap other money to make the full payments, which cost between $8.5 billion and $9 billion each month.
On Monday, the administration said it would not use additional money, saying it was up to Congress to appropriate the funds for the program and that the other money was needed to shore up other child hunger programs.
Thursday’s federal court order rejected the Trump administration’s decision to cover only 65% of the maximum monthly benefit, a decision that could have left some recipients getting nothing for this month.
In its court filings Friday, Trump’s administration contended that the judge usurped both legislative and executive authority in ordering SNAP benefits to be fully funded.
“This unprecedented injunction makes a mockery of the separation of powers,” Sauer told the Supreme Court.
States are taking different approaches to food aid
Some states said they stood ready to distribute SNAP money as quickly as possible.
Colorado and Massachusetts said SNAP participants could receive their full November payments as soon as Saturday. New York said access to full SNAP benefits should begin by Sunday. New Hampshire said full benefits should be available by this weekend. Arizona and Connecticut said full benefits should be accessible in the coming days.
Officials in North Carolina said they distributed partial SNAP payments Friday and full benefits could be available by this weekend. Officials in Illinois, Kentucky, Louisiana and North Dakota also said they distributed partial November payments.
Amid the federal uncertainty, Delaware’s Democratic Gov. Matt Meyer said the state used its own funds Friday to provide the first of what could be a weekly relief payment to SNAP recipients.
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Lieb reported from Jefferson City, Missouri; Bauer from Madison, Wisconsin; and Catalini from Newark, New Jersey. Associated Press writers Mark Sherman in Washington; Sara Cline in Baton Rouge, Louisiana; Jack Dura in Bismarck, North Dakota; Sejal Govindarao in Phoenix; Susan Haigh in Norwich, Connecticut; Heather Hollingsworth in Mission, Kansas; Anthony Izaguirre in New York; Jennifer Kelleher in Honolulu; Mingson Lau in Claymont, Delaware; John O’Connor, in Springfield, Illinois; Gary D. Robertson in Raleigh, North Carolina; Colleen Slevin in Denver; and Tassanee Vejpongsa in Philadelphia contributed to this report.