Jessica O’Connell’s commentary appeared in a Food Navigator article focused on legislation requiring routine heavy‑metal testing and public disclosure for baby food products, including Virginia’s Baby Food Protection Act (HB 1844), the third state‑level mandate to require this type of testing. According to Jessica, while the growing patchwork of state laws may seem complex, many companies are already well positioned to comply.
“This is now the third baby food testing labeling law that’s passed,” she said. “California was the first one, and that requirement went into effect the beginning of last year. And then Maryland and Virginia both have requirements that are going into effect the beginning [of this year].”
Jessica observed that the core requirements were largely aligned. “It’s clear there was some coordination…to try to get similar requirements,” Jessica noted.
She also pointed out that one major difference with Virginia’s law “is if the testing result shows levels above FDA kind of guidelines or limits, then that product is unlawful in Virginia.”
By contrast, California’s law centers on compliance with testing and disclosure requirements – not the test results themselves. “In California, the law states that if you don’t comply with the requirements of this law, the product is unlawful,” Jessica explained.
While the laws are state-specific, Jessica said many companies are gravitating toward a single, most stringent standard to streamline compliance.
“Typically, the best, easiest way to comply is to find the most challenging or most comprehensive state requirement and comply with that,” she advised.
While Jessica does not point to obvious compliance pitfalls, she emphasized the operational intensity of meeting the requirements – particularly around testing infrastructure and data management.
The process for finding a lab that meets testing requirements across all three existing laws may be a challenge, she emphasized.
Beyond testing, companies must manage representative sampling, monthly reporting, website updates, and ongoing monitoring of FDA guidance, Jessica said.
Because the information is public-facing, scrutiny extends beyond regulators.
“Anyone can kind of look to see if companies are in compliance,” through QR codes, she added.
For smaller or emerging baby food brands with fewer regulatory resources, Jessica said testing should be the first priority.
She noted that internal processes are just as critical as lab partnerships, adding that public data disclosures represent a new workstream even for larger companies.
With three states now aligned on core requirements, Jessica sees early signs of convergence, but says the next legislative sessions will be decisive.
“It does seem to me, so far, that it’s at least working towards uniformity,” she said.
At the same time, she cautioned that divergent approaches, particularly around labeling, would pose real challenges.
“Within the next year or two we will probably really see if there are states that want to try to approach this differently,” Jessica said.
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