New baby food law aimed to protect Californians, federal bill in the works

WASHINGTON (SOA) — California is taking matters into its own hands when it comes to the safety of baby food.

The state assembly unanimously passed a bill, signed into law by Democratic Gov. Gavin Newsom last week, that creates the first major standards in the baby food industry.

More than two years ago, we exposed toxic heavy metals in baby food and the FDA's failure to address the problem – shocking parents around the country.

“It felt uncomfortable to know that brands that we trust in the store, aren't so trustworthy after all,” new momCarlene Thomas told us in 2021.

Known health hazards like lead, arsenic, and cadmiumwere found in the very jars given to our most vulnerable, triggered a congressional investigation and countless headlines after leading scientists had been sounding the alarm for years.

“In 2017 we were sort of a lone voice,” said Dr. Sean Callan, “and we’re not alone anymore.”

Ellipse Analytics CEO Dr. Sean Callan, who first blew the whistle six years ago, recently shared his lab’s latest baby food test results with us.

More than 300 baby food products were analyzed and compared to the same foods tested in 2017.

“Between 2017 and 2023, the proportion of the category that we are able to detect heavy metals remains the same,” said Callan.

Basically, the same percentage of baby foods contaminated six years ago are still contaminated today.

Roughly 20% have what Callan says would be considered very high levels of lead.

But it’s not all bad news.

Callan says tests also show a good portion of manufacturers have made modest improvements.

“The worst products are still just about as bad as they were before,” said Callan. “But everybody else seems to be trending in the right direction. And it’ll be really exciting to see how this new law impacts that.

Democratic California AssemblymemberAl Muratsuchiis the architect of the bill.

"All Americans should be able to enjoy the same kind of protections from these toxic chemicals, said Muratsuchi, " so we're hoping that California's law will influence either Congress or the FDA to take action on this important issue."

While leading scientists, health organizations and members of Congress have been trying to years to make meaningful changes in the baby food industry, we noted to Muratsuchi that no one’s been able to get it done.

"Are you the guy who’s going to get this done?” we asked.

“I'm hoping that not only myself,” said Muratsuchi, “but the state of California ... California often leads the country, in terms of fighting for consumer protections.”

Starting in January, baby food makers who sell their products in California will be required to test a representative sample of their products for toxic ‘elements’ once a month and by 2025 disclose those results.

“I think it goes to show that when things don't happen in Washington, D.C., states can continue to act and California is doing so,” said Rep. Raja Krishnamoorthi, D-Ill., “but there's no absence for the need for federal action.”

Federal action is something that Krishnamoorthi has been pushing for since 2021 when he led a subcommittee investigation that exposed stunning problems in the baby food industry and anemic action by the FDA.

The reports his committee generated exposed “alarming levels” of toxic heavy metals. At the time, Krishnamoorthi said, “The facts speak for themselves, and the fact of the matter is that the baby food industry has consistently cut corners and put profit over the health of babies and children.”

He says he is still committed to cleaning up the industry.

“We have to make sure that at the federal level we do what it takes to provide uniform standards throughout the country, he said.

Krishnamoorthi will reintroduce the Baby Food Safety Act, which among other things, would set maximum levels for heavy metals and require companies to test their final products for total levels of contaminants and disclose those test results.

It would also give the FDA authority under the law to recall products that don’t meet standards.

“It’s good to have legislation in place,” said Krishnamoorthi, “so that whether it's a Democratic or Republican administration, they're following what the American people want, which is they want food for their kids that is free of toxins.”

We reached out to three major baby food manufacturers, Gerber, Plum and Beech-Nut, to ask how they plan to implement the testing provisions for the new California law.Plum and Beech-Nut did not respond to our request for comment.

Gerber told us it intends to fully comply and sent us the following statement:

"Strong, consistent standards for heavy metals in foods are good for babies, parents and our industry. Transparency and accountability are cornerstones of trust and are essential to Gerber’s goal of partnering with parents to nurture generations of healthier, happier families.

Gerber has some of the most stringent quality standards in the industry. We have programs in place at every stage of the baby food making process—from seed to spoon—that ensure our foods meet them. If for any reason a product does not meet those standards, we don’t sell it.

For years, we have taken proactive steps to minimize the presence of naturally occurring heavy metals in the ingredients we use.

We work with our farmers to prioritize growing locations for optimal climate and soil conditions, approve fields before crops are planted based on soil testing and rotate crops according to best available science.

We also invest in new research to inform future improvements to these methods. We are committed to these ongoing efforts and to continually lowering the presence of heavy metals in our ingredients.

Regarding testing—we already test produce, water, ingredients, and our foods, including final products, to ensure we deliver on our promise to make high quality, safe baby food. All our testing is conducted by our ISO-accredited labs, meaning they follow international standards for analytical reliability. Our labs go even further; we partner with other outside labs to refine methods, to ensure we use the most current procedures. Of note, our labs participate in and have successfully passed proficiency studies for accuracy in testing for heavy metals.

We intend to fully comply with all elements of this law. In line with our ongoing promise to partner with parents, we plan to disclose the test results online, and to continue providing parents and caregivers with expert, third-party validated information on how to mitigate the risk of heavy metal exposure."