FDA Announces Increased Inspections and Enforcement Actions, Additional Guidance to Reduce Toxic Elements in Food for Babies and Young Children

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On March 5, 2021, FDA issued a public statement announcing regulatory actions to reduce toxic elements — with a particular focus on arsenic, lead, cadmium and mercury — in food for babies and young children. FDA cited the risk heavy metals pose to infant and young children’s neurological development. The Agency indicated that it would take the following actions:

  • Issue guidance to develop action levels for contaminants such as heavy metals.
  • Increase inspections of facilities to ensure compliance.
  • Increase testing of foods for babies and young children.
  • Collaborate with academia, industry and government to support research of additional safety information on toxic elements in food for babies and young children and additional steps that industry can take to further reduce levels.

Read the full article on the Faegre Drinker website.

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About the Author: Sarah L. Brew

Sarah L. Brew leads Faegre Drinker Biddle & Reath LLP’s nationally ranked food litigation and regulatory practice. Ms. Brew represents food producers, distributors, retailers and restaurants in complex litigation, including foodborne illness outbreaks, consumer fraud class actions, and commercial disputes arising from food recalls.

About the Author: Joelle Groshek

Joelle Groshek is an associate in Faegre Drinker Biddle & Reath LLP’s food litigation and regulatory team and is a member of the firm’s consumer products & retail and food & agribusiness groups. She represents food manufacturers, distributors, and retailers in litigation arising from recalls and foodborne illness outbreaks and supply-chain disputes.

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