Why European Infant Formula May Be The Safest (If You Can Find It)
By: Jonathan Stanley
Tags: FDA, New York Times, Baby, Infant Formula, Breastfeeding

For those of us who went out of our way to do the extensive research and pay exorbitant costs to ensure our infants received the best food on the planet: this is for you and your family.

What Happened?

The New York Times recently published a bit of a hit piece against European infant formula. Shortly after, US Customs began interfering with those imports from Europe. And shortly after that, the US FDA published a recall notice.

Are we so naive that we believe the NYT is just trying to help educate consumers and has no conflict of interest by advertising formula maker “Bobbie” and others while simultaneously attacking competitors? Perhaps it is total a coincidence of timing that the FDA and Customs and Border Patrol (CBP) suddenly found this issue to fill up their empty schedule in 2021.

But let’s take a closer look. You know, just for fun.

Formula Misinformation Originating From The NYT

The claim

European Baby Formula That Is Illegally Sold in the United States Carries Risks

— Christina Caron and Jessica Grose for New York Times June 11, 2019

Misleading. The article itself admits that European formula is not sold in the US; therefore their simultaneous claim that it is sold in the US is contradictory. The article does not give any evidence that importing infant formula for personal use is illegal.

a growing number of parents are buying European formulas, even though it’s technically illegal to import them to the US

— Christina Szalinski, for New York Times March 12, 2021

Also misleading. As noted in the article, the USDA says that “illegally imported [formula] should not be used”. This does not mean that importing formula is necessarily illegal. For example, discouraging people from “illegal driving” does not mean that driving is itself illegal.

The truth

Liquid milk and milk products intended for use by infants or very young children are admissible if in a reasonable amount or small quantity for several days.

— US Customs Border Patrol Article-3619 Can FDA-regulated food products be imported for personal use?

Yes, you can import food for personal use [.]

— FDA: Personal Importation When determining the admissibility of baby formula for personal use a CBP officer will determine if the baby formula is for personal or commercial use (i.e. interstate commerce).

— US Customs Border Patrol Article-392

In other words: it appears perfectly legal to import infant formula from Europe for personal use.

FDA Failed To Provide The Whole Truth On Formula

The claim

[European] Infant Formula Formulas Have Insufficient Iron

— US FDA, Recall Notice August 8, 2021

The notice was regarding HiPP, Holle, Bioland, Kendamil infant formulas. The FDA also made a similar statement in a Twitter post (it had a mere 19 likes at the time of this writing).

The truth

The FDA reposted a press release from Able Group. There is no indication that the FDA tested any of the products or verified any of the statements. The stated iron content remains as labeled on the European packaging. In other words, the FDA tacitly affirmed the accuracy of European label. Infant iron supplements are readily available throughout the US. The American Academy of Pediatrics said in 1999: “The low-iron formulas produced in the United States contain a range of 1.5 mg/L to 4.5 mg/L of iron.” According to the publication, the FDA defines low-iron formula as those with 6.7 mg/L. Using approximate conversions from the recall notice, the European formulas had stated iron content ranging from 5mg/L to 10.2mg/L. Therefore, the European formula contain more iron than typical US “low-iron” formula that was sold in the US. Those European formulas with more than 6.7mg/L may be described as “iron-fortified”. Human breast milk has even less iron (0.4 mg/L). By the FDA’s requirements, human breast milk also contains “insufficient iron” or “low-iron”. The Journal of Pediatrics published findings in 2019 that “Adolescents who received iron-fortified formula as infants from 6 to 12 months of age at levels recommended in the US had poorer cognitive outcomes compared with those who received a low-iron formula.” It is unclear if the recall from Able Group was made at the direction of the FDA.

In other words: the stated European infant formulas generally contain a healthy range of iron; all substantially beyond what is contained in human breast milk.

For those infants with food sensitivities or other risks, European formulas may offer improved health outcomes otherwise unavailable within the US.

Individual infant dietary needs and risks are best determined by the parents in consultation with their pediatrician. The one-size-fits-all approach by the FDA may be denying infants the healthiest and safest option available. There doesn’t appear to be a legal basis to deny personal use of these European infant formulas.

Those, such as the FDA, who prefer particular wording on labels, are certainly welcome to create those labels and share them with the world. In any case, please stop using the truncheon on our children.