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California’s New Law Mandates Baby Food Manufacturers to Disclose Toxic Metal Levels


Starting Jan. 1, a new law will mandate companies to disclose any toxic heavy metals present in food on their websites.

Parents in California will have better access to information about what’s in baby food, including heavy metal content, beginning Jan. 1.

Assemblyman Al Muratsuchi from Rolling Hills Estates introduced Assembly Bill 899, which was signed into law by Gov. Gavin Newsom on Oct. 10, 2023. This groundbreaking legislation obligates manufacturers to test their products for hazardous heavy metals such as arsenic, cadmium, lead, and mercury, and to publish the findings on their websites starting in 2025.
“This new law will help protect babies,” Muratsuchi stated in a press release following the bill’s enactment. “The U.S. Food and Drug Administration should take cues from California and implement similar national testing and reporting standards.”

Companies selling baby food in the state will be required to display on their website the names and concentrations of any heavy metals identified in the products. Additionally, companies must provide a quick response (QR) code or another machine-readable code on packaging that links to the webpage containing test results.

Muratsuchi expressed his hope that baby food manufacturers nationwide would take stronger measures to eliminate toxic heavy metals from their products.

Tom Neltner, senior director for safer chemicals at the nonprofit Environmental Defense Fund, remarked in a 2023 statement that the law addresses significant safety issues.

“This law addresses two essential gaps in the [Food and Drug Administration’s] efforts to minimize children’s dietary exposure to cadmium, lead, mercury, and inorganic arsenic while ensuring access to nutritious foods,” Neltner explained.

According to Neltner, the FDA currently does not mandate testing of final products or revealing information to consumers.

The enforcement of this California law will fall under the jurisdiction of the state’s Department of Public Health, as noted in a bill analysis.

While California generally adopts federal food labeling standards, the state retains the authority to implement additional regulations.

All manufacturers of baby food, both in-state and out-of-state, must adhere to California’s labeling law if they market their products in the state.

The new legislation is influenced by a September 2021 report from the U.S. House of Representatives, which revealed alarming levels of heavy metals in baby food. The report found that some baby foods contained dangerous amounts of toxic metals.

The FDA and the World Health Organization have stated that inorganic arsenic, lead, cadmium, and mercury are harmful to human health, especially for infants and children. Even minimal exposure can lead to serious and potentially irreversible damage to brain development, as highlighted in the House report.

The investigation was initiated following allegations in 2019 regarding high levels of toxic heavy metals in baby foods. A House subcommittee requested documents and test results from seven major baby food manufacturers: Nurture, Beach-Nut Nutrition Company, Hain Celestial Group, Gerber, Campbell Soup Company, Walmart, and Sprout Foods.

Four companies responded and provided their internal testing policies and results.

Lead and cadmium were detected in baby foods produced by all responding companies, while mercury was found in baby food tested by Gerber, the only company that conducted such tests, according to the House report.

Walmart, Campbell Soup, and Sprout Foods did not cooperate with the investigation, as per a legislative report regarding the state bill.

During the legislative process, the Consumer Brands Association and the Department of Finance expressed opposition to California’s new law. The former claimed that the bill was premature, considering the FDA’s ongoing efforts to establish action levels for lead in food.

The latter opposed the legislation due to its implications for the state’s General Fund.



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