In a significant move aimed at enhancing infant food safety and transparency, lawmakers in New York and California have advanced legislation that would require manufacturers of infant formula and baby food to regularly test products for toxic heavy metals and disclose the results to consumers.
The proposed measures are supported by the consumer advocacy organization Consumer Reports, which has conducted independent testing of infant formula and baby food products and has called for stronger regulatory oversight of contaminants in products intended for infants and young children.
On June 3, the New York State Legislature passed the Infant Formula Safety and Transparency Act (A9026/S8701). The bill now awaits the signature of Kathy Hochul to become law.
If enacted, the legislation would require infant formula and baby food manufacturers to conduct testing at least once per month for four toxic heavy metals:
Manufacturers would also be required to publicly disclose testing results on their websites, including the concentration of each heavy metal detected in finished products.
Additionally, the bill would require manufacturers to:
Products exceeding state-established limits would be considered adulterated and could not be legally sold within the state.
The legislation would take effect immediately upon being signed into law.
Meanwhile, the California Assembly unanimously approved Assembly Bill (AB) 2302 on May 27 by a 69–0 vote. The legislation has now moved to the California Senate for further consideration.
The bill would require infant formula manufacturers selling products in California to test finished products monthly for arsenic, cadmium, lead, and mercury.
Beginning January 1, 2028, manufacturers would also be required to provide consumers with information regarding heavy metal testing results through product labels or company websites.
Under the proposed legislation, companies that fail to meet testing and disclosure requirements would be prohibited from manufacturing, distributing, or selling infant formula products in the state. Manufacturers would also be required to provide testing data to state health authorities upon request.
The proposed legislation reflects growing concern among regulators, consumer advocates, and public health experts regarding infant exposure to toxic heavy metals through food products. Infants and young children are particularly vulnerable to the adverse effects of heavy metals, which may impact neurological development and overall health.
If enacted, the New York and California measures could establish some of the most stringent state-level transparency and testing requirements for infant formula and baby food manufacturers in the United States, potentially influencing similar regulatory actions across the country.