Anthony G. Brown & 20 Attorneys Generals Call on the U.S. Food and Drug Administration (FDA) to take Urgent Action to Protect Babies and Young Kids from Lead and Other Toxic Metals in Baby Food

More than 400 new lead poisoning incidents have been linked to the recalled cinnamon applesauce pouches, underscoring the critical necessity for enhanced safeguards

Maryland Attorney General Anthony G. Brown has joined forces with a coalition of 20 Attorneys General to urge the U.S. Food and Drug Administration (FDA) to take immediate action to safeguard babies and young children across the nation from exposure to lead and other toxic metals in baby food.

In a letter, Attorney General Brown and the coalition have called on the FDA to address a pending request, initially submitted in October 2021, for the agency to issue specific guidance to the baby food industry, mandating the testing of all finished food products for lead and other toxic metals.

The coalition stresses the urgent need for FDA intervention, highlighting recent cases of hundreds of childhood lead poisonings associated with recalled cinnamon applesauce pouches that were distributed nationwide without prior testing for toxic metals.

Despite acknowledging years ago that babies and young children are particularly susceptible to the harmful effects of toxic metals, the FDA has only established one "action level" - a standard aimed at reducing levels of contaminants in food - for one type of toxic metal (inorganic arsenic) in one category of baby food product (infant rice cereal).

Presently, according to current FDA policy, baby food manufacturers have the discretion to determine whether or not to conduct testing for toxic metals and other contaminants in their finished products.

“Parents trust companies to provide safe and healthy products for their children. We can't leave it to companies to test for contaminants that harm our kids,” said Attorney General Brown. “I urge the FDA to protect children and require baby and toddler food manufacturers to test their products before sending them to market.”

In April 2021, the FDA introduced the “Closer to Zero” initiative, which pledged to propose action levels for lead in various baby foods by April 2022, for inorganic arsenic in various baby foods by April 2024, and for cadmium and mercury at a later date following April 2024.

However, the FDA has since removed these deadlines from its Closer to Zero website. This delay in FDA action raises concerns for both public health and environmental justice, as children in low-income and communities of color are disproportionately affected by lead exposure from sources such as lead-based paint and drinking water pipes. The presence of lead in their food exacerbates the existing hazards faced by these children.

In October 2021, a coalition of Attorneys General, including Maryland, urged the FDA to issue clear industry guidelines on testing for lead and other toxic metals in finished baby and toddler food products. The FDA denied the petition in May 2022, prompting the coalition to request a reconsideration in June 2022. The recent letter reiterates the call for the FDA to take immediate action to protect families from lead and other toxic metals in baby food products.

The coalition's letter highlights recent instances of widespread childhood lead poisoning linked to elevated lead levels in cinnamon applesauce pouches from WanaBana, Schnucks, and Weis brands that were not tested for toxic metals and have since been recalled. The recalled WanaBana pouches were sold at Dollar Tree stores nationwide.

The Centers for Disease Control (CDC) has identified over 400 confirmed or probable cases of childhood lead poisoning associated with children consuming these cinnamon applesauce pouches, including several cases in Maryland.

Consumers who have purchased these recalled products and may still have them in their homes are advised not to feed them to children or anyone else. Instead, they should be safely discarded by carefully opening each pouch and emptying the contents into the garbage to prevent others from consuming them. For more information on these recalled products, refer to the FDA.

By sending this letter to the FDA, Attorney General Brown joins the Attorneys General of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Vermont, Washington, and Wisconsin.

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