Congressman Krishnamoorthi joins with Ranking Member Frank Pallone and Congresswoman Emilia Skyes to Reintroduce the INFANTS Act to Address Levels of Toxic Heavy Metals in Baby[...]

WASHINGTON - On Thursday, Congressman Raja Krishnamoorthi (D-IL) joined with Congresswoman Emilia Sykes (D-OH) and Congressman Frank Pallone (D-NJ), Ranking Member of the House Energy and Commerce Committee, in reintroducing the Improving Newborns' Food and Nutrition Testing Safety (INFANTS) Act. This legislation requires the Food and Drug Administration (FDA) to test finished baby food and infant formula products for key toxic heavy metals and other dangerous contaminants. The INFANTS Act builds on Congressman Krishnamoorthi's longstanding goal of eliminating dangerous heavy metals such as lead, mercury, and arsenic from baby food.

"As a proud dad of three, my number one priority is keeping our children safe. Since my investigation exposed the widespread danger of toxic heavy metals in baby foods in 2021, I have been sounding the alarm on the need to reduce the amount of lead, inorganic arsenic, mercury, and cadmium in these products," Congressman Krishnamoorthi said. "The INFANTS Act is the first step of many to ensure that HHS and FDA have the proper authority to test products and recall them when they pose a risk to our children. I look forward to collaborating with Representative Sykes and Ranking Member Pallone to pass this legislation and ensure families will not have to question whether their children's food is safe."

"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," Congressman Pallone, Ranking Member of the House Energy and Commerce Committee, said. "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."

"I was happy to see that HHS is taking steps in line with my legislation to protect baby formula and ensure that the food we are feeding infants and toddlers does not contain dangerous amounts of toxic heavy metals like lead or arsenic," Congresswoman Skyes said. "Rep. Pallone and I have reintroduced the INFANTS Act to codify these efforts into law and require commonsense nutrition testing that will keep babies safe and healthy. The INFANTS Act will reinforce efforts from HHS and ensure that infants and toddlers have the safe, nutritious food they need to grow and develop."

Last week, the Department of Health and Human Services (HHS) and FDA announced they would take actionto ensure the ongoing quality, safety, and resilience of domestic infant formula and baby food, priorities Congressman Krishnamoorthi has long called for. While the new initiatives, such as encouraging innovation in infant formula and providing better information to consumers about ingredients, are welcome, they fall short in addressing the serious threat of heavy metals in these products. Stronger, more enforceable measures are urgently needed to fully protect America's children and infants.

Congressman Krishnamoorthi has long been a congressional leader on tackling dangerous heavy metals in baby food, authoring the bicameral Baby Food Safety Act in May 2024 with Congressman Tony Cárdenas (D-CA) in the House and Senators Tammy Duckworth (D-IL) and Amy Klobuchar (D-MN) in the Senate. In 2021, when Congressman Krishnamoorthi was chairman of the House Oversight Subcommittee on Economic and Consumer Policy, the congressman'sinvestigationinto heavy metals found baby foods had lead levels up to 177 times those that are allowable in drinking water. The investigation pushed the FDA to create itsCloser to Zero initiative, which set timelines for the FDA to meet when regulating toxic heavy metals.

The INFANTS Act 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.

The full text of the INFANTS Act is available here.