SB 862 Exempts Dietary Supplements from California’s Baby Food Law

1 min

California’s law governing heavy metals in baby food requires manufacturers to test products, disclose results, and meet specific labeling requirements. The testing provisions have been effective since January 2024, and the disclosure and labeling requirements took effect in January 2025. We have previously written about similar baby food laws in Maryland, Virginia, and Illinois.

Earlier this month, California enacted SB 862, which clarifies that “dietary supplements” are not considered “baby food” under the law and are therefore exempt from the testing and labeling requirements. Infant formula remains expressly exempt. From a practical standpoint, this amendment resolves prior ambiguity for companies marketing powders, drops, or other ingestible products labeled as dietary supplements that are intended for infants and toddlers.

Companies with mixed product lines, that sell both foods and supplements for young children, should carefully review product positioning, labeling, and marketing claims to ensure products are clearly distinguished and not inadvertently categorized as “baby food.”

Venable's Food and Drug Law team is closely monitoring this topic and will report any critical developments. In the interim, if you have any questions, please contact the authors of this article.