A Bit of History
The EPA passed the Toxic Substance Control Act (TSCA) in 1976, amended by President Obama in 2016. The EPA has the authority to restrict certain exposures to the public, excluding foods. However, heavy metals were not excluded.
The EPA will be required to act via their own compliance ordinance (TSCA) if indeed we expose heavy metals in the only source of sustenance for many infants; formula.
In 2017, I became familiar with the book, Unsafe at Any Level by Dr. Renee Joy Dufault, whistleblower, and previous US Public Health Service Officer working for the FDA. (1)
Serendipitously, Dr. Dufault found undisclosed mercury residues in high fructose corn syrup (HFCS) samples collected by FDA law enforcement officers. The FDA had commanded her to stop her investigation. After her voluntary retirement from the FDA, she continued her work exposing this largely unknown national crime.
The good news is that the amount of per capita consumption of HFCS has gone down over the past 19 years. However, Americans are still consuming approximately 40 pounds of HFCS per year (2)
Despite the reduction in intake by Americans, any amount of heavy metals is extremely concerning for babies consuming infant formula, where the main ingredient for some of the formulations is HFCS. Manufacturers are not required to report heavy metals to regulators. However, in October 2023, Governor Newsom of California signed AB-899; a bill that requires manufacturers to test for the presence of arsenic, cadmium, lead, and mercury in finished baby food products. While this is excellent news, ‘baby food’ does not include infant formula. (3)
This is unacceptable.
The EU bans HFCS in infant formula. Many moms are turning to European-made formulas. However, imported infant formulas are more expensive and less accessible than the typical brands found across American markets.
The literature is limited in infant formula/heavy metal research. One lone study studied 91 samples of infant formula from the Denver, CO area for lead and cadmium. 22% exceeded guidelines for those heavy metals. Curiously, mercury and arsenic were not included. (4)