On May 2, governor Youngkin signed the Baby Food Protection Act. The law is very similar to Maryland's Rudy's Law, which we wrote about last year. The Virginia law will become effective January 1, 2026 and will not apply to units that are in retailer inventory before the effective date. The key requirements are summarized below.
Testing
The law requires baby food manufacturers to have a "proficient laboratory" test a "representative sample" of each production aggregate of their final baby food product for "toxic heavy metal." The law defines toxic heavy metal to mean arsenic, cadmium, lead, and mercury.
Disclosure and Labeling Requirements
Baby food manufacturers will need to provide on their website:
- the name and level of each toxic heavy metal present in the final baby food product
- sufficient information, such as the product name, UPC, or lot or batch number, to enable consumers to identify the product and
- a link to the FDA website that includes the most recent guidance and information about the health effects of toxic heavy metals on children
Additionally, the product label must include:
- The statement "For Information About Toxic Element Testing on This Product, Scan the QR Code" and
- A QR Code that directs consumers to a web page with the test results for toxic heavy metals that are subject to an FDA-established action level, regulatory limit, or tolerance, and the link to FDA's website referenced above
Currently, the only toxic heavy metal for which FDA has established a baby food action level, regulatory limit, or tolerance is lead. However, the agency is working on proposing action levels for arsenic, cadmium, and mercury in baby food as part of its Closer to Zero action plan.
Sale Prohibition
The law prohibits the distribution and sale of baby food in Virginia that exceeds FDA limits for toxic heavy metals.
Consumer Complaints
Consumers who reasonably believe that a baby food product sold in Virginia is violative, based on information provided on the product label, will be required to report the product to the Virginia Department of Agriculture and Consumer Services (VDACS).
Work Group
Unlike Rudy's Law, the Virginia law requires VDACS to "convene a work group to study and make recommendations on the current enforcement of laws related to the use of toxic heavy metals in baby food products." The work group will consist of a representative from VDACS, a representative from the Virginia Department of Health, a member of the Virginia Senate, a member of the Virginia House of Delegates, a baby food manufacturer, "and any other relevant stakeholders." The work group will be required to report its findings and recommendations to the Virginia legislature by January 14, 2026.
Have any questions about the new Virginia law, Rudy's Law, or other baby food legislation on the horizon? Venable's Food & Drug Law Group is ready to assist.