State AG urges swift federal action to protect children from toxic metals in baby foods

Michigan Attorney General Dana Nessel recently joined a multistate coalition of 22 attorneys general in calling on the heads of the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) to take swift action to eliminate toxic heavy metals from baby food.

In a letter to FDA Commissioner Robert M. Califf, Deputy Commissioner Frank Yiannis, and USDA Secretary Tom Vilsack, the coalition outlines key strategies for the federal agencies that would allow them to take immediate and widespread action that would drive down the levels of dangerous toxic metals in food for babies and young children.

This is the latest action in a series of efforts in response to increasing alarm regarding the health hazards posed by lead, arsenic, cadmium, and mercury in baby foods (other than formula), including cereals, purees, and other products for babies and young children.

“The elevated levels of these toxic chemicals in baby food needs urgent action,” Nessel said. “Right now, some of the most vulnerable of our population are facing unacceptable harm because manufacturers have been allowed to self-regulate the amount of lead and other toxic metals in their products.”

The FDA has set or proposed limits on toxic metals in a wide variety of other consumable products — such as bottled water, juice, and candy — but the agency has failed to adequately regulate baby food.

So far, the agency has established only one action level for one type of toxic metal (inorganic arsenic) in one type of baby food product (infant rice cereal), despite FDA concluding years ago that babies’ and young children’s smaller bodies and metabolisms make them more vulnerable to the harmful neurological effects of these toxic metals.

As a result, United States baby food manufacturers are left to self-regulate the amounts of lead and other toxic metals in their products. In fact, it remains up to the manufacturers to decide whether to even test their products for these contaminants.  

In their letter, the coalition urges the federal government to adopt interim measures recommended in the coalition’s October 2021 petition, which urged FDA to issue clear industry guidance for limiting toxic metals, such as:   

• Propose interim limits for inorganic arsenic, lead, cadmium, and mercury in relevant categories of infant and toddler foods.  

• Propose a lower limit for inorganic arsenic in infant rice cereal than that currently set forth in FDA guidance.

• Provide guidance to all baby food manufacturers to test their finished products for toxic metals.  

The FDA denied the petition, but earlier this month, the coalition asked FDA to expeditiously reconsider its denial of that petition.

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