The AG has launched an investigation, accusing them of potentially violating the law by selling products that contain dangerous levels of heavy metals, like lead.
HOUSTON — Attorney General Ken Paxton has launched an investigation into major baby food manufacturers that he says are selling tainted products.
Paxton accuses Gerber and Plum Organics of potentially violating the law by “deceptively advertising and selling products that contain dangerous levels of heavy metals.”
Metals, such as arsenic, lead, cadmium, and mercury, can cause brain damage in young children. Experts say toxic metal exposure has also been linked to problems with learning and cognitive development and behavior.
“Despite this known risk, many US baby food manufacturers have set their internal standards for toxic heavy metal content at unreasonably dangerous levels and then made misrepresentations about the health benefits of their products,” Paxton said on Tuesday.
Paxton has issued Civil Investigative Demands (CIDs) to Gerber and Plum Organics and intends to send more CIDs as the investigation continues. The legal tool is used by agencies to gather information during civil investigations that could lead to financial penalties or even a criminal investigation.
“No parent should ever have to worry that the food they’re giving their children is filled with dangerously high levels of heavy metals,” Paxton said. “We will fight to end the broken system that has led to food products threatening the health of our children and secure justice for any parent misled by baby food manufacturers engaging in deceptive practices.”
History of heavy metals in baby food
Over the last decade, investigations by consumer advocacy groups and a congressional subcommittee have discovered alarming levels of heavy metals in supermarket baby foods, CNN reported in January.
According to a 2021 congressional investigation, internal documents from major manufacturers revealed some baby food samples contained up to 177 times the lead level, 91 times the inorganic arsenic level, and 69 times the cadmium level allowed in bottled water by federal agencies.
The combined investigations led to the introduction of the Baby Food Safety Act of 2024, which is still stuck in committee.
In January, California began requiring baby food manufacturers to use an accredited lab to test representative samples of any infant and toddler food (excluding infant formula) at least once a month for levels of arsenic, lead, cadmium and mercury. They must publish the test results on their websites or through QR codes.
Market leaders Gerber and Beech-Nut told CNN they are rolling out QR codes on baby and toddler foods nationwide.
Heavy metals can’t be eliminated entirely, but experts say manufacturers can greatly reduce levels of toxic metals by carefully choosing their suppliers, such as opting for farmers who grow foods in less-polluted soils and use regenerative farming techniques.
How parents can reduce their baby’s exposure to toxic metals like lead
There are several steps parents can take now to reduce the risk that kids will be exposed to toxic metals in their diet and from other sources, according to healthychildren.org.
- Serve a variety of foods. Give your child a well-balanced diet that includes a variety of fruits, vegetables, grains and lean protein.
- Read the labels. Multi-ingredient baby food blends may be a good option.
- Switch up your grains. Fortified infant cereals can be a good source of nutrition for babies, but rice cereal does not need to be the first or only cereal used. Rice tends to absorb more arsenic from groundwater than other crops. You can include a variety of grains in your baby’s diet, including oat, barley, couscous, quinoa, farro, and bulgur.
- Check your water. Heavy metals can get into tap water: for example, arsenic can contaminate well water, and older pipes may contain lead. You can contact your local health department to have your water tested if this is a concern.
- Breastfeed if possible. Breastfeeding, rather than formula feeding, can also help reduce exposure to toxic metals. The American Academy of Pediatrics (AAP) recommends breastfeeding as the sole source of nutrition for your baby for about six months. The AAP supports continued breastfeeding after solid foods are introduced for two years or beyond.
- Avoid fruit juice. Offer toddlers and young children sliced or pureed whole fruits rather than juice. Some fruit juices can contain concerning levels of heavy metals. Stick with breast milk or formula for babies under six months old, and water and milk after they reach age one
- Make healthy fish choices. Some types of fish can be high in a form of mercury called methylmercury, and other metals. Of most concern are large, predatory fish that eat other fish and live longer, such as shark, orange roughy, swordfish, and albacore/white tuna. Eating too much contaminated fish can harm a child’s developing nervous system. Better options include light tuna, salmon, cod, whitefish and pollock.
- Don’t smoke or vape. Secondhand and thirdhand smoke from both regular and e-cigarettes may expose children to metals such as cadmium and lead. Vaping allows toxic metals from the vape coils to get into the air and be inhaled.
If you’re concerned about heavy metals in baby food, talk with your pediatrician.