Bass, Berry & Sims attorney Courtney Hunter authored an article for Food Processing discussing how anticipated guidance from the Food and Drug Administration (FDA) could help eliminate heavy metals in baby food products and provide context for lawsuits going forward.
A 2019 study conducted by Healthy Babies Bright Futures caused parents concern over heavy metals found in baby food, but what is interesting to note is baby food made at home was also subject to testing and found to contain heavy metals. The U.S. House of Representatives Committee on Oversight and Reform published a report with similar findings, leading the FDA to announce the Closer to Zero initiative to reduce the exposure on contaminants in food with a goal of bringing levels as close to zero as possible.
The FDA published draft guidance in 2023 on acceptable levels of lead based on different types of food intended for babies and children, but final guidance is not expected to be published until the end of the year. Draft guidance for other heavy metals, including arsenic and cadmium, is expected in December of 2024. It is unclear whether and when the FDA will issue draft guidance regarding mercury levels, as the bioaccumulation of that heavy metal, as well as its presence in certain types of shellfish and fish, presents unique challenges.
Filings of punitive class actions having to do with heavy metals in baby food have seen an influx, but many have been dismissed as no final ruling has come from the FDA yet.
"The upcoming guidance from the FDA will provide a crucial guidepost for litigants involved in these lawsuits as well as the industry as a whole," suggested Courtney.
The full article, "When Will the FDA Issue Guidance on Heavy Metals in Baby Food," was published by Food Processing on July 30 and is available online.
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