A staff report from a subcommittee of the U.S. House of Representatives' Committee on Oversight and Reform has found that several baby foods contain high levels of heavy metals, including inorganic arsenic, lead, cadmium and mercury. The report argues that the U.S. Food and Drug Administration (FDA) "has failed to confront the risks of toxic heavy metals in baby food" and has "designed these limits to be protective of industry." "In one category of baby food for which FDA has finalized a standard—infant rice cereal—it set the maximum inorganic arsenic content at the dangerous level of 100 ppb. Why did FDA set its level so high? Because in developing the limit, FDA was focused on the level of inorganic arsenic that would cause cancer. FDA disregarded the risk of neurological damage, which happens at a much lower level," the report asserts. The report notes the trust that consumers place in…
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Healthy Babies Bright Futures has released a report describing tests it commissioned on 168 varieties of baby food from 61 brands reportedly finding that 95% of the products contained traces of arsenic, lead, cadmium or mercury, with 26% of products containing all four heavy metals. The organization asserts that rice puff snacks, teething biscuits, infant rice cereal, fruit juice, carrots and sweet potatoes carry the highest levels of heavy metals. The report cites a study arguing that “lead and arsenic in rice-based foods account for one-fifth of the more than 11 million IQ points children lose from birth to 24 months of age from all dietary sources.” The organization calls on the U.S. Food and Drug Administration to “establish and finalize health-protective standards for heavy metals,” “implement a proactive testing program for heavy metals in foods consumed by babies and toddlers” and “establish a health-based limit for [inorganic arsenic] in…
Citing a Consumer Reports piece investigating the arsenic content of several bottled-water brands, three plaintiffs have filed a lawsuit alleging that Whole Foods Market Inc. sells water that "has some of the highest arsenic levels of any bottled water presently being marketed in the United States, with some bottles exceeding the maximum arsenic contamination levels allowed by federal and state law." Berke v. Whole Foods Mkt. Inc., No. 19-7471 (C.D. Cal., filed August 28, 2019). The plaintiffs argue that Whole Foods charged a "hefty premium," "especially as compared to tap water," for a product it marketed as "some of the purest and most pristine water available in the U.S." while it knew "that the product has been universally contaminated with arsenic, with some bottles containing the industry's highest levels of arsenic for many years." The plaintiffs seek class certification damages, restitution and attorney's fees for alleged violations of California and…
A consumer has filed a putative class action alleging that Welch Foods Inc.'s grape juices contain excessive levels of lead and arsenic, citing a January 2019 article appearing in Consumer Reports. Labajo v. Welch Foods Inc., No. 19-1306 (C.D. Cal., filed July 16, 2019). The complaint also cites California's Safe Drinking Water and Toxic Enforcement Act (Prop. 65), noting, "This Complaint does not allege a violation of Proposition 65. Proposition 65 is relevant, however, to the extent it provides information concerning the material omissions in violation of California's Consumer Protection laws, and guidance as to a reasonable consumer's purchasing decisions." The plaintiff seeks class certification, injunctions preventing fraudulent business practices and requiring disclosure of lead and arsenic content, restitution, damages and attorney's fees for alleged violations of California consumer-protection statutes.
Consumer Reports has published an article detailing its purported findings from a series of tests on several brands of bottled water, reportedly finding some bottles with levels of arsenic that could be "potentially dangerous to drink over extended periods of time." Most samples apparently tested below the federal limit of 10 parts per billion (ppb); Peñafiel, a product imported from Mexico, tested higher than 10 ppb but has reportedly been pulled from the market to resolve the issue. Consumer Reports also identified brands that sell water containing levels of arsenic that are legal but above the organization's recommended limit of 3 ppb.
A California appeals court has affirmed a lower court's dismissal of a lawsuit asserting that Sutter Home Winery Inc.'s wine should feature a warning about arsenic content pursuant to the state's Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Charles v. Sutter Home Winery Inc., No. B275295 (Cal. App. Ct., 2nd Dist., entered May 9, 2018). While Sutter Home's wines feature the "safe harbor" alcohol warning pertaining to cancer and birth-defect risks, the plaintiffs argued that the labels should also reference risks associated with consuming inorganic arsenic. Failing to disclose the inorganic arsenic level, the plaintiffs asserted, amounted to a Prop. 65 violation. "Plaintiffs contend the safe harbor warning for alcoholic beverages is incomplete because it does not alert consumers to the presence of inorganic arsenic, and by this omission, the warning misleads consumers into believing their exposure is limited to a single listed chemical, alcohol," the…
The U.S. Government Accountability Office (GAO) has announced new food safety recommendations for managing the risk of arsenic in rice and efforts to reduce pathogens in meat and poultry products. Following a request to review issues related to arsenic in rice, GAO determined that the U.S. Food and Drug Administration (FDA) has not updated its risk assessment of the human health effects in two years and was unable to provide a timeline for either an update or final draft guidance. GAO has recommended that FDA develop such timelines, work with other agencies to coordinate risk assessments and work with the U.S. Department of Agriculture (USDA) to develop methods to detect contaminants in food. GAO also reviewed USDA’s approach to reduction of pathogens in meat and poultry, finding the agency has failed to develop standards for some products—including turkey breasts and pork chops—and has not fully documented its process for deciding…
The European Food Safety Authority (EFSA) has issued a scientific opinion reevaluating the safety of silicon dioxide used as a food additive, concluding that the available information is insufficient to confirm the current acceptable daily intake. The panel reportedly found no indication of adverse effects or genotoxicity, but it questioned a long-term study indicating silicon dioxide is not carcinogenic because the description of the primary particle size was not reported. The panel recommended that the European Commission consider lowering the current limits for arsenic, lead, mercury and cadmium in the current specifications for silicon dioxide to ensure it will not be a source of exposure to those elements.
The U.S. Food and Drug Administration (FDA) has issued draft guidance proposing an action level of 100 µg/kg for inorganic arsenic in rice cereals for infants. The agency has also released supporting documentation for its proposal as well as a risk assessment that includes (i) “a quantitative estimate of lung and bladder cancer risk from long-term exposure to these products and the predicted impact of various scenarios to reduce the risk,” and (ii) “a qualitative assessment of certain potential non-cancer risks, in certain susceptible life stages.” “We conclude that the 100 µg/kg action level will help protect the public health and is achievable with the use of current good manufacturing practice, but we especially welcome comments and information bearing on the achievability and public health benefits and risks of 100 µg/kg, as compared with other potential action levels (including no action level),” states FDA, which will consider comments submitted by…
Refuting earlier claims that California wines allegedly contain “dangerously high” levels of arsenic, a new study has concluded that inorganic arsenic in blush, white and red California wines “does not represent a health risk for consumers.” Dennis Paustenbach, et al., “Analysis of Total Arsenic Content in California Wines and Comparison to Various Health Risk Criteria,” American Journal of Enology and Viticulture, January 2016. Using inductively coupled plasma mass spectrometry to characterize the arsenic content of 101 wines produced or bottled in California, the authors evidently found that blush wines contained the greatest total arsenic concentration, followed by white and then red wines. In particular, the study tested 28 wines singled out in media reports as exceeding the U.S. Environmental Protection Agency’s maximum contaminant level for arsenic in drinking water of 10 μg/L. But even though these wines contained more total arsenic than randomly selected products, “no more than 0.3% of…
