Congressman Raja Krishnamoorthi Requests Update From the FDA on Final Guidance for Toxic Heavy Metals Found in Baby Food

SCHAUMBURG - Today, Congressman Raja Krishnamoorthi sent a letter to Food and Drug Administration (FDA) Commissioner Dr. Robert M. Califf demanding an update on the agency's timeline for finalizing guidance for industry on toxic heavy metals found in baby food. The letter comes two weeks after Congressman Krishnamoorthi confronted Commissioner Califf on the FDA's inaction at a House Oversight and Accountability hearing.

"Despite calls for meaningful action by parents across the country for years, the levels of toxic heavy metals in baby food are still dangerously high and continue to be adverse for early childhood development, according to experts," Congressman Krishnamoorthi said. "Years of delays and inaction from the FDA are unacceptable, and Commissioner Califf's inability to give me an updated timeline on when the FDA will finally set concrete standards for lead, arsenic, cadmium, and mercury during the April 11 Oversight hearing was deeply concerning. It's been three years since I released my report on toxic heavy metals found in popular baby food brands, and it's time the FDA finally gave families an update finalizing guidance for food manufacturers."

Congressman Krishnamoorthi has been a leader in Congress calling for more action to be taken to address dangerous levels of toxic heavy metals found in baby food since he released a report in 2021 as Chairman of the House Oversight Subcommittee on Economic and Consumer Policy revealing baby foods on the market had lead levels up to 177 times the levels allowable in drinking water. The FDA responded by announcing it would regulate the amount of toxic heavy metals found in baby food through the Closer to Zero initiative. However, the FDA has continuously missed its own deadlines and has routinely failed to update the public on the program's progress. The FDA's progress toward finalizing guidance for industry is especially timely, considering the recent recall of popular brands of cinnamon applesauce pouches due to reports of lead poisoning.

The text of the letter can be found here and can be read below.

Commissioner Robert M. Califf:

Thank you for testifying at the House Oversight and Accountability Full Committee Hearing, entitled "Oversight of the U.S. Food and Drug Administration," on April 11, 2024. As I mentioned to you during my question line at this hearing, I continue to have deep concerns regarding the FDA's failure to promptly finalize action levels for toxic heavy metals in foods intended for infants and young children to limit the presence of lead, arsenic, cadmium, and mercury.

Since I raised questions about the Closer to Zero initiative on April 11, I have observed changes to your website. I write to obtain your written response to the following questions concerning these changes.

1. Your website reads, "finalized action levels" for lead in foods intended for babies and young children by December 2024 and "finalized action levels" for lead in juices by 2025. Will you commit to finalizing guidance for lead in baby food by December 2024 and lead in juices by December 2025?
2. Your website reads, "issue final guidance one year after issuing draft guidance" for arsenic. This draft guidance is targeted for December 2024. Will you commit to finalizing guidance for arsenic by December 2025?
3. Your website reads, "issue final guidance one year after issuing draft guidance" for cadmium. This draft guidance is targeted for December 2024. Will you commit to finalizing guidance for cadmium by December 2025?
4. Your website does not include any dates for mercury; however, my report unveiled that one company's baby food product contained as much as 10 ppb mercury. Will you commit to setting dates for finalizing mercury by December 2025?

Please provide a written response no later than May 10, 2024. Parents across the country are eagerly awaiting for this process to conclude so we can significantly decrease babies' exposure to toxic heavy metals.