Heavy Metals in Baby Food: What Parents Need to Know About California's New Law (AB 899) and FDA Action Limits on Lead
The new year started off with some important developments around heavy metals and baby food - a topic that we know can be alarming and overwhelming for parents and caregivers. Our goal is always to empower you with information so you can feed confidently, so let's dive into the new regulations and what they mean for your family.
As of January 6, 2025, the FDA enacted final action limits for lead in some forms of processed baby foods. However, federal regulations on heavy metals are still limited and as a result, states have begun stepping in with their own regulations.
California recently enacted a new law called California Assembly Bill 899 that regulates heavy metals in baby food and is expected to have nationwide implications. We'll get into the details of the new regulations in a minute, but first let's talk about what heavy metals are and how they wind up in food.
What do parents need to know about heavy metals?
Heavy metals are elements that occur naturally in the earth’s crust. Remember that periodic table from grade school? Some elements like oxygen are essential for life, while others like lead, mercury, cadmium and arsenic can have negative health impacts. Heavy metals are also byproducts of industrial and agricultural pollution. Decades of pollution have caused our soil, water and air to become increasingly contaminated with heavy metals.
Most food has some level of heavy metals due to their natural prevalence in the environment. Heavy metals cannot be manually added (or removed) from food. Just as crops (whether homegrown or store-bought) absorb vital nutrients like iron and calcium from the soil, they also absorb heavy metals like lead, arsenic, cadmium and mercury.
It’s enough to make any parent anxious, however, there are important steps that food manufacturers can take to minimize heavy metals, like careful ingredient sourcing and rigorously testing finished products (both of which we’ve prioritized from day one). And there are also important steps parents can take to minimize exposure without sacrificing nutrition density.
Ways to minimize exposure include:
- Diversify your child’s diet with a variety of fruits, vegetables, grains and lean protein to limit exposure to any one food.
- Look for Clean Label Certified products that are independently tested for 200+ contaminants, including heavy metals, and have been ranked in the top of their category.
- Avoid fruit juice. Offer sliced or pureed whole fruits rather than juice. Some fruit juices can contain high levels of heavy metals.
- Make healthy fish choices. Large, predatory fish that eat other fish (such as tuna and swordfish) can be high in a form of mercury called methylmercury. Look for safer options like salmon, cod, whitefish and pollock.
- Don’t smoke or vape. Second hand smoke may expose children to heavy metals. Vaping allows toxic metals from the vape coils to get into the air and be inhaled.
- Check your water. Heavy metals can leach into water. Older pipes may contain lead and arsenic can contaminate well water. You can contact your local health department to have your water tested.
- Address lead hazards in your home. There are other important ways to help reduce your baby's exposure to toxic metals. The most common source of lead exposure, for example, is from peeling or chipping paint from older homes.
Unfortunately, because heavy metals are so prevalent in our environment, there’s no way to completely avoid them, even if you grow and make your own baby food. A 2022 report by Healthy Babies Bright Futures, found that 94% of both homemade and store-bought baby foods were equally contaminated with one or more heavy metals. While buying organic does reduce chemical contaminants like pesticides, it does not reduce heavy metals. The goal is to minimize exposure as much as possible, and the new California law is an important step in that direction. So let’s break down what it means for you.
What is California AB 899?
AB 899 mandates that baby food manufacturers test their finished products for the heavy metals arsenic, cadmium, lead and mercury (something we have done from day one at Mission MightyMe) and publish the results for all products manufactured after January 1, 2025 in a searchable database on their website. Maryland passed a similar bill called Rudy’s Law that takes effect in 2026. Although these bills are specific to California and Maryland, they are expected to dramatically improve the safety and transparency of baby food nationwide.
Any company that sells food products in the state of California, meant for kids 2 years or younger, will need to comply. The regulations also apply to dietary supplements, however formula is excluded. The law states that if a product tests above a level for which the U.S. Food and Drug Administration (FDA) has issued an action level, the manufacturer must include a QR code on the package that links to a page on the manufacturer’s website containing test results for the heavy metal. Because of packaging production lead time, we expect that most brands will proactively include this QR code on all products manufactured after January 1, 2025, regardless of whether their test results necessitate it.
What is the Federal Government doing about heavy metals?
The issue of heavy metals in baby food gained national attention after a 2019 report by Healthy Babies Bright Futures found heavy metals in 95% of baby foods tested. A follow-up 2021 Congressional report uncovered “significant” levels of heavy metals in many of the largest baby food brands.
Historically, regulation from the FDA for heavy metals in baby food has been limited, however the congressional report led to the FDA’s Closer to Zero initiative- which aims to reduce dietary exposure to arsenic, cadmium, mercury and lead. The FDA has issued an action limit for are inorganic arsenic in rice cereal (100 ppb) and as of January 6, 2025, the FDA issued final guidance on lead in some types of processed baby foods:
- 10 parts per billion (ppb) for fruits, vegetables (excluding single-ingredient root vegetables), mixtures (including grain- and meat-based mixtures), yogurts, custards/puddings, and single-ingredient meats;
- 20 ppb for single-ingredient root vegetables; and
- 20 ppb for dry infant cereals.
The FDA has been criticized for moving slowly on regulating heavy metals in baby food. The Closer to Zero website points to the challenges of reducing toxic elements that are pervasive in the environment, stating that, “Reducing levels of contaminants in foods is complicated and multifaceted. It is crucial to ensure that measures taken to limit arsenic, lead, cadmium, and mercury in foods do not have unintended consequences—like eliminating from the marketplace foods that have significant nutritional benefits or reducing the presence of one element while increasing another.”
Congress has tried to speed regulatory action along with the Baby Food Safety Act of 2024, which would require the FDA to establish limits for heavy metals in baby food more broadly. It would set testing standards for final food products and allow the FDA to monitor food company records and also enhance their authority to enforce the limits by mandating food recalls for products that don’t meet the standards.
At Mission MightyMe, we believe strong standards around heavy metals and food safety are good for the baby food industry, families, and most importantly, babies and kids. We wholeheartedly support any regulation that puts power back in the hands of parents and California AB 899 is an important step in that direction. We also fully support the FDA’s Closer to Zero initiative and encourage the federal government to move faster to set clear federal regulations. However, we will not wait for an act of congress to do the right thing. We are committed to being part of the solution and in the absence of federal regulations, we will continue to follow our own strict standards to ensure that our finished products fall below the California Proposition 65 Safe Harbor Levels for heavy metals, which are the strictest in the nation (more on that in a minute). We also serve on the Clean Label Project Association Baby Coalition to educate and advocate for the reduction of environmental and industrial contaminant exposure to infants.
How will the new law impact you and your family?
Although AB 899 is a California state law, we expect that it will have a dramatic impact nationwide on baby food production, safety and transparency, which will ultimately be great for families. Given California’s large market share, we expect that most baby food manufacturers will implement the testing requirements across their entire product line, which will provide parents the ability to compare products across multiple brands.
Because AB 899 applies to products manufactured after January 1, 2025, you may not immediately notice the changes on baby food packages. However, as new products roll out on the market, you’ll start seeing QR codes on packages that you can scan and link to a test results portal on the company’s web site. AB 899 also requires the accompanying language, “For information about toxic element testing on this product, scan the QR code.” While it sounds ominous, don’t let that language freak you out. It doesn’t necessarily mean that the product has toxic levels of heavy metals, but the law stipulates that exact language accompany the QR code.
As a consumer, AB 899 gives you a lot more information and a lot more power. You’ll have the ability to compare products across a wide range of brands and make more informed decisions. Some parents who want to get more granular will love that, others may find it overwhelming. If you’d prefer a birds-eye view, you can also look for products with the Clean Label Project Purity Award. The Clean Label Project is a national non-profit that tests for 200+ contaminants, including heavy metals, chemicals, pesticides and plasticizers, then benchmarks the results. Only the top-performing brands in the category receive the Clean Label Project Purity Award, and we’re proud to say that every single one of our products has received it.
What are Mission MightyMe’s testing and safety protocols?
Rigorous Finished Product Testing
From the very beginning of our launch in 2020, we’ve prioritized rigorous testing of finished products for heavy metals and microbial contaminants. We test whole finished products, not just individual ingredients. And because federal regulations on heavy metals are limited, we’ve always tested our finished products to ensure they fall below the Safe Harbor Levels established under California’s Proposition 65, which are the strictest in the nation.
In addition to our own testing, our products are tested through Clean Label Project, a nonprofit organization that conducts independent, third-party testing for 200+ contaminants including heavy metals, chemicals, pesticides and plasticizers, then benchmarks the results. In the absence of federal limits, Clean Label Project’s certification process is inspired by other leading progressive regulations - California's Proposition 65 and the European Union. Only the top-performing brands in the category receive the Clean Label Project Purity Award and we’re proud to say that every single one of our products has received it.
Ingredient Sourcing
We only work with trusted farms and ingredient suppliers who go through a rigorous vetting process and are independently audited to ensure their ingredients meet our high standards. We source only non-GMO ingredients. Our Peanut Butter Nutty Puffs are all certified USDA Organic and ingredients in our Mixed Nut Butter Nutty Puffs are organic whenever possible, depending on availability. This limits potential exposure to chemicals and pesticides. We also never use refined sugars, preservatives, palm oil, added colors, natural or artificial flavors.
Where ingredients come from matters, which is why we source our rice flour from USDA Certified Organic farms, which we chose specifically for their soil, farming methods, and testing protocols. We only accept lots that pass our testing criteria. Then we also test our finished product to ensure it falls below California Proposition 65 established safe harbor levels (the most protective in the country). We also source from geographical areas known to have lower concentrations of heavy metals. Our puffs are also more than 50% nuts, which means they have much less rice than traditional baby puffs.
Transparency
We’re in the process of building a database that will allow our customers to search test results via QR codes on our new packaging. Our January 2025 production run will be searchable right here, when it rolls out in February.
What is California Proposition 65?
Proposition 65 (Prop 65) is a California law formally known as the Safe Drinking Water and Toxic Enforcement Act. It is a right-to-know law requiring the public to be informed when a substance on the Prop 65 chemical list is present above a very low threshold. That threshold is calculated as a percentage of “Maximum Allowable Dose Level” (MADL) which refers to the maximum daily intake of a substance that’s considered safe. The MADL is calculated based on serving size.
Experts use Prop 65 calculations for heavy metals because there are no federal limits set for most baby foods, and California’s standards are considered the most protective in the nation. In the absence of federal guidelines, from day one, we’ve always tested our finished products to ensure they fall below the Safe Harbor Levels set by Prop 65.
What is the Clean Label Project?
The Clean Label Project is a non-profit organization that aims to bring transparency to food product labeling. They conduct rigorous, independent testing on food brands through a process called consumer chain of custody unannounced sampling and testing. Samples are procured in grocery stores, online retailers, and brand websites all in an effort to mirror the consumer shopping experience.
Clean Label Project along with their independent accredited laboratories, conduct comprehensive testing for industrial and environmental contaminants, surpassing the scope of federal regulations primarily focused on microbiological contaminants (like E.coli, salmonella, and listeria). The test samples are blinded in order to protect impartiality. Clean Label Project requires proof of food safety, ingredient risk assessments, and supplier assurance programs. You can read more about their methodology here.
In the absence of maximum federal tolerance limits, Clean Label Project’s certification process is inspired by other leading progressive regulations- California's Proposition 65 and the European Union. To achieve the Clean Label Project Purity Award, product test results must rank in the top of the category.
For busy parents who don’t want to spend time researching and comparing test results, looking for Clean Label Project certified products is a good way to do your homework without too much heavy lifting. Note that some brands will have some products that are Clean Label Certified and others that are not. We’re proud to say every single one of our products has received the Clean Label Project Purity Award.
Questions for your pediatrician
Heavy metals can be a scary topic for parents. We encourage you to talk with your pediatrician about your questions and concerns. He or she may be able to alleviate some of the stress with reliable information and also help you with a plan to minimize exposure without driving yourself crazy or sacrificing nutrition density.
Dilution is NOT the solution
That important point - Dilution is NOT the solution - was recently highlighted in Contemporary Pediatrics. In other words achieving low levels of heavy metals should not come at the expense of high nutritional density. So don’t only look at the heavy metals results. Read the nutrition facts panel and aim for a diverse diet, rich in vitamins, nutrients, fats and proteins.
Some experts have also expressed concerns that unscrupulous brands may try to dilute their products, which may lower heavy metals, but it would also lower nutritional density. That is not the answer. Make sure you’re seeking out nutrient dense foods and not sacrificing nutrition for low heavy metals numbers.
The Clean Label Project is in the process of an outreach campaign to pediatricians to provide them with educational materials and a list of Clean Label Certified brands they can recommend to patients. Ask your pediatrician for more information on the Clean Label Project and heavy metals.
Learn more by visiting our Safety Standards Resource Center.
