California Enacts Law Mandating Toxic Heavy Metal Testing in Baby Foods, Public Disclosure of Results

Governor Gavin Newsom (D) recently signed California Assembly Bill 899 into law, ushering in a requirement for testing baby food products for toxic heavy metals such as arsenic, cadmium, lead, and mercury. Starting January 1, 2024, all baby food products sold or produced within the state must undergo this testing. Moreover, manufacturers must publicly disclose the test results on their websites, beginning January 1, 2025.

The bill stipulates that manufacturers of baby food sold or distributed in California must regularly test a representative sample of each production batch for toxic heavy metals at least once per month. Tests must be conducted at a proficient laboratory meeting specific criteria. If requested, manufacturers must provide test results to the State Department of Public Health. Additionally, beginning January 1, 2025, baby food manufacturers must disclose specific information to consumers, including the name and level of each toxic element present in their products, publicly accessible on their websites.

In cases where a product is tested for a toxic element that exceeds an action level, regulatory limit, or tolerance set by the U.S. Food and Drug Administration (FDA), the manufacturer must include a QR code on the product label. This QR code links to a webpage on the manufacturer's website, providing test results for the toxic element and a link to relevant FDA guidance. Baby foods exceeding the FDA action level can still be sold in California, but they must include the QR code disclosure.

Baby foods marketed for children under two years of age that do not meet the requirements set by this legislation will be prohibited from sale, production, delivery, holding, or offering for sale in California. Notably, infant formula is exempt from the provisions of AB 899.

This legislation aligns with recommendations made in a 2021 report from the U.S. House of Representatives Committee on Oversight and Reform, Subcommittee on Economic and Consumer Policy. The report revealed that commercial baby foods contained significant levels of toxic heavy metals, posing risks to infant neurological development. The legislation aims to mitigate these risks by ensuring testing and transparency in the baby food market.

Assemblymember Al Muratsuchi (D-66), the bill's author, emphasized that this law will safeguard infants by mandating rigorous testing and public disclosure of results. He expressed hope that California's actions will encourage baby food manufacturers nationwide to adopt similar measures. He called on the FDA to implement comparable national testing and reporting requirements.

The FDA currently addresses toxic heavy metals in baby foods through its Closer to Zero initiative, which includes issuing draft guidance for the industry and setting action levels for heavy metals in food for young children and juice. The agency is also reviewing scientific literature to establish interim reference levels for toxic elements. This initiative was launched in response to concerns raised by consumer groups and the U.S. Congress regarding heavy metals in baby foods.