What Happened
The Subcommittee on Health, a part of the Congress’ House Energy Commerce Committee, will hold a “Healthier America: Legislative Proposals on the Regulation and Oversight of Food” food-focused hearing on April 29. Two of the 28 food-related bills deal with toxic elements in infant and toddler food.1
The Baby Food Safety Act of 2026 (H.R. 8429) introduced by Rep. Raja Krishnamoorthi (D-IL)2 is an update from prior years. Unleaded Kids strongly supports this bill, because it will move FDA forward to setting and enforcing limits on lead, arsenic, cadmium, and mercury in infant and toddler foods.
The second bill, called the FRESH Act of 2026,3 was introduced by Rep. Kat Cammack (R-FL) and covers a range of food chemicals, including infant and toddler food. The Environmental Working Group has described the bill as “rotten to the core.” Unleaded Kids opposes the bill because it would restrict FDA’s authority to protect children from lead and has a definition of infant and toddler food that effectively excludes all those foods (even infant formula). It would also preempt states from acting to protect their constituents.
Comparing Baby Food Safety Act and FRESH Act
| Topic | Baby Food Safety Act of 2026 | FRESH Act of 2026 |
|---|---|---|
| Definition of infant and toddler food | Purports to be, or is represented as being, for infants or children up to the age of 24 months. Excludes infant formula. Requirements also apply to food predominantly composed of fruit or vegetable puree or juice. | Sold exclusively for infants and toddlers up to the age of 24 months and intended to constitute a sole or significant portion of their diet. Excludes foods merely suitable for or capable of occasional consumption by them. |
| Timing for limits issued by administrative order | Lead and Arsenic: Propose by 12/31/26 and finalize by 6/30/28. Cadmium: Propose by 4/30/27 and finalize by 10/31/28. Mercury: Propose by 4/30/29 and finalize by 10/31/30. Review every 4 years. | Lead: 1 year to propose and 2.5 years to finalize. Arsenic and Cadmium: 3 years to propose and 4.5 years to finalize. Periodic review after that. No mention of mercury. |
| Criteria to set limits | FDA must consider health data, data from states and local health departments, relevant differences in foods, extent that presence cannot be avoided, and use of alternative ingredients and best manufacturing and agricultural products. | FDA must consider achievability by readily available testing methods, natural occurrence in environment, protection of public health, extent that presence cannot be avoided. |
| Sampling and testing of final products | FDA guidance in 18 months. Testing and control program in place within 24 months for arsenic, cadmium, lead, and mercury. | FDA guidance in 24 months. Testing for final product in place with 30 months that tests at least quarterly for lead, cadmium, and arsenic per sampling plan. |
| Preemption | None | Voids state requirements or prohibitions related to use, labeling, or marketing in interstate commerce. |
What It Matters
FDA launched its Closer to Zero program in 2021. It has only issued action levels for inorganic arsenic in infant rice cereal, and for lead in infant and toddler food (excluding infant formula, snacks, and beverages). The agency has repeatedly missed its self-imposed deadlines, most recently for cadmium and inorganic arsenic in infant and toddler food. In addition, the action levels are guidance and not directly enforceable by the agency.
Our Take
We need the Baby Food Safety Act of 2026 to:
- Avoid further delays in FDA action to protect infants and toddlers from lead, arsenic, cadmium, and mercury in foods marketed for or are fruit and vegetable purees they commonly eat.
- Set enforceable standards rather than relying on action levels that are based on guidance not directly enforceable by FDA.
We oppose the FRESH Act of 2026 primarily because its definition of infant and toddler food is written so narrowly that it would exclude most baby food because older children and adults may eat it. We saw that happen with WanaBana applesauce where adults were harmed and with Abbott Nutrition infant formula recalls where demand by adults limited supplies. In addition, the FRESH Act gives FDA too much time to act, has criteria that may result in less protective limits, and does not cover mercury. With those limits and the preemption of state laws, the FRESH Act is a trojan horse that will undermine progress to protect infant and toddlers from exposure to lead, arsenic, cadmium, and mercury.
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- A third bill, the Infant Formula Safety Modernization Act of 2026, (H.R. 7867) by Representatives Rosa DeLauro (D-CT) and Jefferson Van Drew (D-NJ) will also be considered but is focused on pathogens and microorganisms. ↩︎
- The Baby Food Safety Act of 2026 is cosponsored by Representatives Melanie Stansbury (D-NM), Seth Magaziner (D-RI), Emilia Sykes (D-OH), Rashida Tlaib (D-MI), Rosa DeLauro (D-CT), Madeleine Dean (D-PA), and Ted Lieu (D-CA), as well as Delegate Eleanor Holmes Norton (D-DC). ↩︎
- FRESH is an acronym for “FDA Review and Evaluation for Safe, Healthy and Affordable Foods”. It has not yet been assigned a bill number. ↩︎