Attorney General Bonta Warns Companies of Responsibility to Disclose Heavy Metals in Baby Food Products

OAKLAND — California Attorney General Rob Bonta today issued an enforcement advisory letter to companies that manufacture or sell baby food in California, reminding them of requirements under Assembly Bill 899 (AB 899), authored by Assemblymember Al Muratsuchi (D-Torrance), to disclose the presence of heavy metals in baby food products. AB 899 specifically requires each manufacturer of baby food sold or distributed in California to test a representative sample of the manufacturer’s final baby food product for arsenic, cadmium, lead, and mercury, and to disclose those test results publicly on its website. However, reporting shows that some companies may not be properly disclosing these test results, in that their websites only allow consumers to access test results by entering product-specific information, like a code found on the package. This makes it difficult for consumers to access test results for baby food products unless they purchase the products or view them in a store. Failure to comply with the law’s requirements limits parents’ and caregivers’ ability to protect babies from the serious long-term health risks of exposure to heavy metals. It also results in retailers being prohibited from selling the manufacturer’s baby food products in California.

“As a dad of three, I understand that every parent wants their child to grow up safe and healthy. Parents should not have to question whether baby food is safe to eat, and that’s why California law requires companies to disclose the presence of heavy metals,” said Attorney General Bonta. “Heavy metals can be harmful to young children, and testing and disclosure practices represent a victory for public health that empowers consumers to protect their little ones. California has led the charge in reducing exposure to harmful toxins, and now I’m reminding companies that they are required to do their part, too.” 

“I wrote AB 899 in 2023 to protect babies by requiring the testing and reporting of heavy metals in baby food,” said Assemblymember Muratsuchi.  “Some manufacturers are making it difficult for consumers to see test results. I support the Attorney General’s clarifying letter reminding companies of their obligations under AB 899. I hope manufacturers will fulfill their responsibilities to consumers moving forward.” 

Heavy Metals in Baby Food

The negative health impacts of heavy metal exposure are well-documented. Exposure is harmful to all humans and can be especially dangerous to babies. Arsenic, lead, mercury, and cadmium are neurotoxins and reproductive toxicants that can impair brain development, adversely impact learning and behavior, cause attention deficit disorder, and delay growth and development in young children. Some heavy metal contamination can be attributed to these elements’ natural presence in the earth’s crust, but some is attributable to deposits in the soil or in the atmosphere as a result of pollution from human activities. Heavy metals are absorbed by ingredients used in baby food, but they may also be introduced during the manufacturing process. Manufacturers can reduce heavy metal levels in baby food products by incorporating good food preparation practices such as thoroughly peeling and washing fruits and vegetables, sourcing ingredients with lower concentrations of heavy metals, and modifying their facilities, processes, and equipment. 

AB 899

In October 2023, the Governor signed AB 899 into law to empower parents and other caregivers to protect babies from heavy metals. Under the law, baby food manufacturers selling or distributing baby food in California after January 1, 2024, are required to test a representative sample of each production aggregate of the manufacturer’s final baby food product for arsenic, lead, mercury, and cadmium at least once per month. By January 1, 2025, manufacturers were required to make their testing results publicly available for the duration of the product shelf life plus one month. Specifically, the manufacturer must disclose the name and level of each toxic element present in each production aggregate of each final baby food product. Additionally, the company must provide descriptive information on its website to allow consumers to accurately identify the final baby food product.

AB 899 prohibits a person or entity from selling, manufacturing, delivering, holding, or offering for sale in California any baby food that does not comply with the requirements of AB 899. Failure to comply with the law’s requirements constitutes a violation of California’s Unfair Competition Law and may violate other applicable laws. Manufacturers should assess their testing and disclosure practices for baby food products to ensure that they are complying with the requirements of AB 899, and retailers should ensure that they only sell products that comply with these requirements. Companies that fail to comply may be subject to enforcement action.

Attorney General Bonta is committed to protecting public health and reducing the presence of toxic chemicals in food. In the past year, he has announced Proposition 65 settlements with four companies resolving a 2020 lawsuit for sales of seafood products without the required warnings for exposures to elevated levels of lead and cadmium. Previously, he urged the FDA to expand efforts to keep lead out of baby food, and warned companies of their responsibility under state law to disclose the presence of dangerous per- and polyfluoroalkyl substances — commonly referred to as PFAS, or toxic “forever chemicals” — in food packaging and cookware.