2024-05
Enhancing Safety Standards for Baby Food and Mandating Transparency in the Disclosure of Toxic Heavy Metals
Sponsored by
Del. Deni Taveras (MD)
Reported to the Caucus by the NHCSL Healthcare Task Force
Rep. Alma Hernández (AZ), Chair
Unanimously ratified by the Caucus on November 23, 2024
WHEREAS, over the last several years, excessive concentrations of some toxic heavy metals such as arsenic, cadmium, lead[1], mercury[2], have been found in some batches of commercially available baby food;[3] and,
WHEREAS, these toxic heavy metals are naturally occurring in the irrigation and/or farming process, but may sometimes exceed safety standards;[4] and,
WHEREAS, toxic heavy metals are significantly more impactful on a child's body compared to a fully grown adult body,[5] potentially contributing to negative neurological effects;[6] and,
WHEREAS, the Latino population in the United States is the fastest-growing demographic, with a birth rate of approximately 14.1 children per 1,000 people, which outpaces the national birth rate of 12.0 per 1,000 people[7], highlighting the importance of ensuring safe and healthy baby food for a growing segment of the population; and,
WHEREAS, societal outcry with the discovery of tainted baby food led to a 2021 Congressional investigation resulting in recommendations for testing and labeling of certain baby foods until the FDA releases updated guidelines these toxic heavy metals present in baby food;[8] and,
WHEREAS, the FDA released updated draft guidance on lead and mercury in 2023, and has announced a plan to address the presence of cadmium and arsenic in baby food by December 2024;[9] and,
WHEREAS, since the congressional determination was issued, two states, California (11/2023)[10] and Maryland (5/2024),[11] legislated to mandate testing and labeling for toxic heavy metals in baby food; and,
WHEREAS, those two state laws require all baby food manufacturers to test their products[12] for arsenic, cadmium, lead, and mercury before packaging, using laboratories that meet the standards of the International Organization for Standardization/International Electrotechnical Commission (ISO 17025:2017),[13] to ensure accuracy and reliability in testing; and,
WHEREAS, these tests must be performed at least once per month to ensure ongoing compliance and safety, safeguarding the health interests of the youngest members of our society; and meet a specific level[14] of statistical significance;[15] and,
WHEREAS, those two state laws also require, beginning January 1, 2026, that baby food manufacturers must publicly disclose the levels of any detected toxic heavy metals on their websites and provide educational links regarding the health effects of these metals; and,
WHEREAS, because the level of heavy metals will rarely be zero and may be in compliance with guidelines, publicizing that level of detail may lead to undue panic and unintended consequences. An alternative is to include a scannable QR or similar code on the product label that links to a statement declaring whether the batch of that specific baby food had passed the most up-to-date FDA regulation regarding levels of heavy metals present, as well as a link to a credible source detailing what those specific finalized standards set by the FDA are; and,
WHEREAS, the Department of Health of each state should be empowered to request test results from manufacturers to monitor compliance and enforce these standards vigorously.
THEREFORE BE IT RESOLVED, that the National Hispanic Caucus of State Legislators supports the enactment of stringent testing and transparency requirements for baby food manufacturers including requiring a scannable QR or similar code on the product label that links to a statement by an independent laboratory declaring whether the batch of that specific baby food had passed the most up-to-date FDA regulation regarding levels of heavy metals present, as well as a link to a credible source detailing what those specific finalized standards set by the FDA are.
THE NHCSL HEALTHCARE TASK FORCE, AT ITS MEETING OF JULY 9, 2024, UNANIMOUSLY RECOMMENDED THIS RESOLUTION TO THE EXECUTIVE COMMITTEE FOR APPROVAL.
THE EXECUTIVE COMMITTEE UNANIMOUSLY APPROVED THIS RESOLUTION AT ITS MEETING OF JULY 13, 2024.
THE NATIONAL HISPANIC CAUCUS OF STATE LEGISLATORS UNANIMOUSLY RATIFIED THIS RESOLUTION AT ITS ANNUAL MEETING OF NOVEMBER 23, 2024 IN DENVER, COLORADO.
[1] Hirsch, Jesse. “Heavy Metals in Baby Food: What You Need to Know.” Consumer Reports, Consumer Union, 16 Aug. 2018, www.consumerreports.org/health/food-safety/heavy-metals-in-baby-food-a6772370847/
[2] “Oversight Subcommittee Staff Report Reveals Top Baby Foods Contain Dangerous Levels of Toxic Heavy Metals.” The Committee on Oversight and Accountability Democrats, 4 Feb. 2021, https://oversightdemocrats.house.gov/news/press-releases/oversight-subcommittee-staff-report-reveals-top-baby-foods-contain-dangerous
[3] Wisner Baum. "UPDATED 2022: Baby Foods Toxic Heavy Metals List." Accessible at
https://www.wisnerbaum.com/blog/2022/october/updated-2022-baby-foods-toxic-heavymetals-
list/
[4] FDA. "Closer to Zero: Reducing Childhood Exposure to Contaminants from Foods."Accessible at https://www.fda.gov/food/environmental-contaminants-food/closer-zero-reducing-childhood-exposure-contaminants-foods
[5] Agency for Toxic Substances and Disease Registry. "Principles of Pediatric Environmental Health: Why Are Children Often Especially Susceptible to the Adverse Effects of Environmental Toxicants?" Accessible at https://www.atsdr.cdc.gov/csem/pediatric-environmental-health/why_children.html. See also American Academy of Pediatrics. "Metals in Baby Food." HealthyChildren.org. https://www.healthychildren.org/English/ages-stages/baby/feeding-nutrition/Pages/Metals-in-Baby-Food.aspx
[6] American Academy of Pediatrics. "Metals in Baby Food." HealthyChildren.org. https://www.healthychildren.org/English/ages-stages/baby/feeding-nutrition/Pages/Metals-in-Baby-Food.aspx
[7] Statista. "Birth Rate of Hispanics in the United States from 1990 to 2021." Accessed June 3, 2024. https://www.statista.com/statistics/260380/birth-rate-of-hispanics-in-the-united-states/
[8] U.S. House of Representatives, Subcommittee on Economic and Consumer Policy, Committee on Oversight and Reform. Baby Foods Are Tainted with Dangerous Levels of Arsenic, Lead, Cadmium, and Mercury. February 4, 2021.
[9] FDA. "Closer to Zero: Reducing Childhood Exposure to Contaminants from Foods." Accessible at
https://www.fda.gov/food/environmental-contaminants-food/closer-zero-reducing-childhood-exposure-contaminants-foods. The current requirements are for lead presence in baby food at 10 ppb for fruits, vegetables (excluding single-ingredient root vegetables), mixtures (including grain and meat-based mixtures, yogurts custards/puddings, and single-ingredient meats; 20 ppb for root vegetables (single ingredient); and 20 ppb for dry infant cereals. See www.fda.gov/regulatory-information/search-fda-guidance-documents/draft-guidance-industry-action-levels-lead-food-intended-babies-and-young-children
[10] California State Legislature. "AB 899, Food Safety: Baby Food." LegiScan. Amended March 13, 2023. Accessed June 3, 2024. https://legiscan.com/CA/text/AB899/id/2743350
[11] Maryland General Assembly. "HB 0097, Baby Food - Toxic Heavy Metals – Testing and Labeling (Rudy's Law)." Accessed June 3, 2024. https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0097
[12] Except baby formula.
[13] California State Legislature. "AB 899, Food Safety: Baby Food." LegiScan. Amended March 13, 2023. Accessed June 3, 2024.
[14] Achieving a Z-Score that is less than or equal to plus or minus two.
[15] AB 899, supra, n. 11.