September 28, 2021

Volume XI, Number 271

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September 28, 2021

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September 27, 2021

Subscribe to Latest Legal News and Analysis
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Congressmembers Introduce The Baby Food Safety Act

On March 25, Congressmembers introduced The Baby Food Safety Act of 2021 to amend the Federal Food, Drug, and Cosmetic Act (FDCA) to limit the presence of toxic elements in infant and toddler food. Within a year of the Act coming into effect, manufacturers of infant formula and toddler food for kids up to 36 months would be required to adhere to the following initial maximum levels:

  • Inorganic arsenic: 10 ppb for infant and toddler food (except cereal) and 15 ppb for infant and toddler food that is cereal
  • Cadmium: 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal
  • Lead: 5 ppb for infant and toddler food (except cereal) and 10 ppb for infant and toddler food that is cereal
  • Mercury: 2 ppb

Within 3 years of the date of enactment, the Secretary must set final regulatory limits that are lower than those mentioned above to levels protective of infant and toddler neurological development. Every 5 years afterwards, the established levels must be reviewed, and if needed, lowered by regulation. The Act also permits the Secretary to establish interim action levels and regulatory limits for toxic elements in infant and toddler food.

The Act was introduced by Representatives Raja Krishnamoorthi. In an announcement with Representative Tony Cardenas, Senator Amy Klobuchar, and Senator Tammy Duckworth, Rep. Krishnamoorthi stated that the Act was introduced “to dramatically reduce toxic heavy metals in baby food, educate parents about the risks, and invest in cutting edge farming technology to reduce any economic barriers to making baby foods safe for consumption.” As our readers know, the Act follows a February report from the House Oversight and Reform Subcommittee on Economic and Consumer Policy that reported on the levels of heavy metals found in baby foods produced by seven of the largest baby food manufacturers in the U.S.

© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 90
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About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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