Key takeaways
- California AB 899 requires baby foods to be tested for lead and other heavy metals and the results of those tests to be made publicly available
- Manufacturers must start disclosing test results and updating product labels as of January 1, 2025
- Retailers will be required to remove noncompliant products from their shelves
California law AB 899 imposes labeling, testing, and public disclosure requirements on manufacturers of baby food. “‘Baby food’ means food packaged in jars, pouches, tubs, and boxes represented or purported to be specifically for babies and young children less than two years of age…[and] does not include infant formula.” There are also obligations on retailers that go into effect January 1, 2025. Below we describe AB 899’s requirements, discuss its penalties, and provide risk-mitigation recommendations.
Requirements
Complying with these rules is essential for avoiding enforcement actions and penalties. Manufacturers and retailers should be aware of these requirements imposed by AB 899.
- Manufacturers of baby food were to begin testing their products for “toxic elements” (defined as arsenic, cadmium, lead, and mercury) as of January 1, 2024.
- Testing must be performed by an ISO/IEC accredited lab.
- As of January 1, 2025, manufacturers must start disclosing test results and modifying their product labels in accordance with the law. Manufacturers must:
- Make publicly available on the manufacturer’s website – for the duration of the product shelf-life for a final baby food product plus one month – the name and level of each toxic element present in each production aggregate of a final baby food product.
- Provide descriptive information on the website to enable accurate identification of the final baby food product by consumers. Descriptive information may include, but is not limited to, product name, UPC, size, lot numbers, or batch numbers.
- Follow additional label requirements for products tested for toxic elements subject to FDA limits.