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California law excludes dietary supplements from baby food rules

CRN has secured clarifying language in S.B. 862, ensuring supplements are not subject to baby food testing and labeling requirements.

Photo by Drei Kubik / Unsplash

WASHINGTON — The Council for Responsible Nutrition has secured a policy win in California with the passage of S.B. 862, which clarifies that dietary supplements are not included in the state’s baby food testing and labeling requirements. Gov. Gavin Newsom signed the measure into law on October 1.

California’s original statute, A.B. 899, enacted in 2023, required manufacturers of baby food to test products for toxic elements and publicly disclose results. While the law defined “baby food” as packaged foods for infants and children under two years of age, the California Department of Public Health earlier this year expanded its interpretation to include dietary supplements marketed for young children.

CRN quickly challenged that interpretation, working with lawmakers — including Assemblymember Al Muratsuchi, who authored A.B. 899 — to correct what it called a misapplication of the law. The clarifying language in S.B. 862 explicitly excludes dietary supplements from the definition of baby food.

“California policymakers recognized what we have said all along: dietary supplements are distinct from baby food and should not be subject to duplicative and inappropriate testing requirements,” said CRN president and CEO Steve Mister. “This clarification ensures that consumers continue to have access to safe, beneficial supplement products for their families without unnecessary regulatory confusion.”

Mister added that CRN will continue to monitor implementation of both A.B. 899 and S.B. 862 to make sure dietary supplements remain outside the law’s requirements. “This outcome demonstrates the value of proactive, persistent advocacy on behalf of the dietary supplement industry,” he said.

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