Reps. Sykes, Pallone, Cárdenas, and Krishnamoorthi Introduce The Improving Newborns’ Food and Nutrition Testing Safety (INFANTS) Act
WASHINGTON, D.C. — Today, U.S. Representatives Emilia Sykes (OH-13), Frank Pallone, Jr. (NJ-06), Raja Krishnamoorthi (IL-08), and Tony Cárdenas (CA-29) introduced the Improving Newborns’ Food and Nutrition Testing Safety (INFANTS) Act, legislation to protect the health and safety of infants and toddlers by requiring finished baby food products to be tested for toxic heavy metals.
“Parents have enough on their plates – they shouldn’t have to worry if the food they are feeding their infants and toddlers contains dangerous amounts of toxic heavy metals like lead or arsenic. I introduced the INFANTS Act alongside Reps. Pallone, Cárdenas, and Krishnamoorthi to require commonsense nutrition testing that will keep our babies safe and healthy,” said Rep. Sykes. “The INFANTS Act will provide parents with much-needed peace of mind and ensure infants and toddlers have the safe, nutritious food they need to grow and develop.”
“Parents should not have to worry about whether the food they buy for their children is contaminated with bacteria, lead, or another toxic heavy metal. In just the last few months, we have read frightening reports about contaminated applesauce leading to potential lead poisoning in dozens of children. This followed tragic stories last year about infants becoming sick and even dying after drinking infant formula contaminated with cronobacter bacteria. The INFANTS Act would establish a testing regime to ensure toddler and infant food products are free of dangerous contaminants and clarify FDA’s authority to recall adulterated products. I’m grateful to Congresswoman Sykes for her leadership and look forward to working together to see this bill signed into law,” said Rep. Frank Pallone, Ranking Member of the House Energy and Commerce Committee.
“Assessing the safety of baby and toddler food is of paramount importance to ensuring the health of our nation’s children,” said Rep. Tony Cárdenas. “The INFANTS Act will demand more accountability from food manufacturers as they test their final products for toxic heavy metals, improve the U.S. Food and Drug Administration’s (FDA) ability to conduct oversight, and provide parents and caregivers the much-needed assurance that the food they give to their children is safe.”
“For several years, I have been investigating the dangerous levels of neurotoxins such as lead, inorganic arsenic, mercury, and cadmium in leading baby foods while advocating for higher safety standards to protect our children,” Rep. Krishnamoorthi said. “It is critical that Congress mandate sampling, testing, and reporting requirements for manufacturers to assist the FDA in monitoring the levels of these toxic heavy metals so that families know the food they are feeding their children is safe.”
There is currently no federal mandate for testing finished baby food products for contaminants like heavy metals, including lead, cadmium, and mercury. Exposure to toxic heavy metals can cause permanent decreases in IQ, diminished future economic productivity, and increased risk of future criminal and antisocial behavior in children. Toxic heavy metals endanger infant neurological development and long-term brain function. As opposed to just testing the ingredients, heavy metal levels can be higher after food processing. Additionally, FDA does not require powdered infant formula manufacturers to have a regular environmental monitoring for powdered infant formula’s exposure to cronobacter spp. and salmonella, two bacteria which have caused infections after being found in infant formula.
The INFANTS Act of 2023 would:
- Require the owner, operator, or agent in charge of a food facility that manufactures or processes food in final product form, including infant and toddler food, to:
- Collect representative samples of each food manufactured or processed and test those samples at least once per quarter for contaminants, including toxic elements like lead, cadmium, mercury, and arsenic;
- Prepare a written sampling plan for sampling and testing and ensure it is carried out; and
- Maintain records of sampling and testing and allow those records to be inspected and copied by FDA.
- Specify that foods manufactured or processed by facilities that fail to follow sampling and testing requirements are adulterated under the Federal Food, Drug, and Cosmetic Act;
- Require records to be provided to FDA, at FDA’s request, in advance of or in lieu of an inspection, within a reasonable timeframe, within reasonable limits, and in a reasonable manner;
- Clarify FDA’s mandatory recall authority over infant or toddler foods that bear or contain a contaminant that renders the product adulterated;
- Clarify that manufacturers of infant formula must notify FDA within 24 hours if they acquire knowledge that the infant formula they manufacture does not contain adequate nutrients or is otherwise adulterated or misbranded; and
- Require manufacturers of powdered infant formula to establish and implement an environmental monitoring program to verify the effectiveness of sanitation and hygiene controls where food has the potential to be exposed to Cronobacter spp. or Salmonella.
Find the full bill text for the INFANTS Act here.