New York and California have advanced state bills that would require baby food and infant formula manufacturers to regularly test their products for toxic heavy metals and disclose results to consumers.

The bills are supported by Consumer Reports, which has conducted its own testing for contaminants in infant formula and baby food, supporting its advocacy for stronger oversight of the safety of these products.

New York Bill Awaits Governor’s Signature

On June 3, the New York State Legislature last night passed A9026/S8701, known as the Infant Formula Safety and Transparency Act. It now awaits Governor Kathy Hochul’s signature into law.

The legislation would require infant formula and baby food manufacturers to test their products at least once a month for the heavy metals lead, arsenic, cadmium, and mercury, and publicly disclose the results on their websites.

If signed into law, baby food and infant formula manufacturers would be prohibited from selling products that exceed limits for toxic heavy metals, which would be set by the state Department of Agriculture and Markets and the Department of Health, as they would be considered “adulterated.” Additionally, baby food and infant formula manufacturers would be required to:

• Provide test results to state officials upon request
• Publicly disclose test results on a website maintained by the manufacturer, including the name and level of each toxic heavy metal present in the final product
• Include specific information on the label, including a QR code to the product test results.

The act would take effect immediately after signature into law.

California Bill Moves to Senate After Passing Assembly

On May 27, the California Assembly passed AB 2302 in a unanimous 69–0 vote.

The bill would:

• Require infant formula manufacturers selling product in New York to test its final infant formula product for arsenic, cadmium, lead, and mercury at least once per month
• Commencing on January 1, 2028, require infant formula brands to provide information to consumers on their websites or package labels regarding specific information about its infant formula that includes, among other things, certain test results for toxic heavy metals
• Prohibit a person from selling, manufacturing, delivering, holding, or offering for sale in the state any infant formula that does not comply with the above requirements
• Require infant formula manufacturers and brand owners to provide test results to the New York State Department of Public Health upon request.

The legislation now advances to the California Senate.