On August 15, Illinois amended the Illinois Food, Drug and Cosmetic Act to impose certain labeling and testing requirements on baby food manufacturers. The law is similar to a California baby food law that became fully effective in January 2025, and to Maryland and Virginia baby food laws that become effective next January. Other states are considering similar legislation as well. The key requirements of the Illinois law are summarized below.
I. Testing
Starting January 1, 2026, 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 elements" at least once per month. The law defines toxic elements to mean arsenic, cadmium, lead, and mercury.
II. Disclosure and Labeling Requirements
Starting January 1, 2027, 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, and
- sufficient information, such as the product name, UPC, or lot or batch number, to enable consumers to identify the product
Also starting January 1, 2027, the product label must include:
- the statement, "For information about the toxic element testing on this product, scan the Quick Response (QR) Code," and
- a QR Code that directs consumers to a web page with the test results for toxic elements that are subject to an FDA-established action level, regulatory limit, or tolerance, and a link to the FDA website that includes the most recent guidance and information about the health effects of toxic elements on children
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.
III. Consumer Complaints
The law directs the Illinois Department of Public Health to "implement a system for consumer reporting of baby foods," which would provide a formal way for consumers to report concerns or problems with baby foods.
Have any questions about the new Illinois law, other state baby food laws, or baby food legislation on the horizon? Venable's Food & Drug Law Group is ready to assist.