U.S. Senate Committee on Rules and Administration

02/29/2024 | Press release | Distributed by Public on 02/29/2024 14:06

Klobuchar Urges Department of Justice to Investigate Supplier For Contaminated Cinnamon Applesauce

WASHINGTON - Senator Amy Klobuchar (D-MN) called on the U.S. Department of Justice to investigate potential criminal conduct within the supply chains of WanaBana, Schnucks, and Weis brand cinnamon applesauce food pouches. These apple cinnamon puree pouches were recalled last year after hundreds of children who had consumed these products showed extremely high blood levels of lead during routine check-ups. Klobuchar sent the letter amidst the continuing joint investigation by the U.S. Food and Drug Administration and Centers for Disease Control and Prevention into how these fruit puree products led to the most widespread toxic exposure in food marketed to young children in decades.

"I write to urge the Department of Justice to investigate potential criminal conduct by foreign suppliers or parties within the supply chain sourcing severely contaminated cinnamon applesauce WanaBana, Schnucks, and Weis brand food pouches that were shipped into the United States," wrote Klobuchar. "These food pouches are regularly consumed by toddlers and children, making their severe contamination especially dangerous."

"FDA officials have said their ongoing investigation has led the agency to suspect "economically motivated" adulteration, otherwise known as fraud," Klobuchar continued. "This raises serious concerns that the cinnamon-flavored applesauce pouches that so far have been confirmed to have severely sickened nearly 90 Americans were deliberately contaminated or sold despite knowledge of their toxicity."

In December 2023, Klobuchar, along with Senator Tammy Duckworth (D-IL), and Representatives Raja Krishnamoorthi (D-IL), Tony Cárdenas (D-CA), Katie Porter (D-CA), Sean Casten (D-IL), Rosa DeLauro (D-CT), and Jared Moskowitz (D-FL) called on the U.S. Food and Drug Administration (FDA) to use the authority of the agency's new Human Foods Program to swiftly address the high levels of toxic heavy metals in these cinnamon-flavored applesauce pouches.

In January 2023, Klobuchar, Duckworth, Krishnamoorthi, and Cárdenas called on the FDA to reduce high levels of toxic heavy metals-including lead, arsenic, mercury, and cadmium-in baby food and help ensure that the baby food provided to our nation's infants and young children is safe.

In June 2022, Klobuchar, Duckworth, Krishnamoorthi, and Cárdenas and 19 of their colleagues called on the FDA to provide better oversight and regulation of baby food.

In February 2022, Klobuchar and Krishnamoorthi led a group of lawmakers in responding to a Consumer Reports investigation which revealed high levels of the neurotoxin inorganic arsenic in 3 popular rice cereal baby foods.

In 2021, Klobuchar and Duckworth introduced the Baby Food Safety Act to strictly limit the levels of harmful heavy metals in baby food. This legislation - written in response to a House Subcommittee on Economic and Consumer Policy report showing that some baby foods are tainted with dangerous levels of lead, arsenic, mercury and cadmium - was aimed at holding manufacturers accountable for reducing harmful heavy metals in infant and toddler food.

In 2009, Klobuchar led the bipartisan Food Safety Rapid Response Act to strengthen federal, state, and local officials' ability to detect and investigate food safety outbreaks, which was signed into law as part of the Food Safety and Modernization Act of 2012. Her legislation also established food safety centers of excellence, including the Minnesota Integrated Food Safety Center of Excellence.

In 2011, Klobuchar called on the FDA to issue a federal limit on inorganic arsenic found in fruit juices popular with kids, leading to the agency releasing final guidance in 2023 on action level for this heavy metal in apple juice.

Full text of the letter is available HERE and below:

Dear Attorney General Garland:

I write to urge the Department of Justice to investigate potential criminal conduct by foreign suppliers or parties within the supply chain sourcing severely contaminated cinnamon applesauce WanaBana, Schnucks, and Weis brand food pouches that were shipped into the United States. These food pouches are regularly consumed by toddlers and children, making their severe contamination especially dangerous.

Working with the Centers for Disease Control and Prevention, the Food and Drug Administration's (FDA) investigation of the contamination of now-recalled cinnamon-flavored fruit puree pouches found lead and chromium toxicity well beyond naturally occurring levels - in some cases 2,000 times higher than a maximum level proposed by the FDA and 1,000 times higher than the lead level standards the international standard-setting body (Codex Alimentarius Commission) is considering adopting for other food products.

FDA officials have said their ongoing investigation has led the agency to suspect "economically motivated" adulteration, otherwise known as fraud. This raises serious concerns that the cinnamon-flavored applesauce pouches that so far have been confirmed to have severely sickened nearly 90 Americans were deliberately contaminated or sold despite knowledge of their toxicity.

Lead can be toxic to people of all ages but is especially harmful to infants and young children. High levels of lead exposure in children can cause significant and irreversible damage to the brain and nervous system and slow growth and development.

In the interest of food safety and our homeland security, I urge you to partner with FDA and CDC to swiftly investigate whether criminal charges are appropriate, identify those responsible for the poisoning of U.S. consumers, and take appropriate action.

I look forward to working with you on this important matter so consumers can remain confident in the safety of our food supply.

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