Industry witness urges caution on applying baby-food tests, warns of parental anxiety over formula labeling

Craig Felner, director of government affairs for the Infant Nutrition Council of America, told the Vermont Senate Health and Welfare Committee that infant formula is "the most highly regulated food in the U.S. food supply" and that manufacturers already test ingredients and finished products for heavy metals under strict international standards, including those set by the European Union.

Felner testified during the committee iscussion of a bill that would require testing, labeling and limits for toxic heavy metals in baby food and (potentially) infant formula. He said federal Food and Drug Administration rules already require industry testing when ingredients enter manufacturing facilities and before finished products go to market, and he noted the FDA dministration—ffort called "Closer to Zero," which the witness said the current administration has begun to implement. Felner also pointed to a recently released FDA study that he described as a precursor to federal limits for infant products.

Why it matters: The draft law includes a state-level "trigger" so that the infant-formula provisions would take effect only after California or two other states enact substantially similar laws covering (1) a prohibition on sale of formula exceeding certain heavy-metal levels, (2) testing requirements, and (3) labeling and public information requirements. Committee members asked whether the trigger should reference the other states—nactment or their effective dates, and whether existing formula inventory could be sold through to avoid sudden shortages.

Committee members pressed several practical concerns. One member said the European Union publishes parts-per-million guidance and suggested U.S. federal limits are overdue. Others raised three timing problems staff flagged: whether Vermont's trigger should look to passage versus an effective date in other states; the bill's existing sell-through language for baby food did not explicitly cover infant formula stock; and any required label likely would need FDA review and approval, which could delay implementation.

Felner warned that labeling infant formula like other grocery baby foods could make parents anxious and lead them to substitute unsafe alternatives such as homemade recipes or nonformulated milks that lack required nutrients for infants. "We don't want to scare a mom or dad who's looking at a product of infant formula and we don't want them to put that down because they don't have other choices," he said, arguing the industry already uses stringent controls and would welcome a clear federal standard.

What the committee did: Members asked staff to draft clarifying language on the trigger (changing the reference from "enactment" to the other state's effective date was discussed) and to add sell-through protections for infant formula inventories present before any effective date. No vote was taken; members deferred further action while revised language is circulated.

Next steps: The committee will circulate proposed amendments addressing timing and inventory, and continue deliberations once the revised text and potential FDA-labeling timelines are clearer.