Running head: YOUR BABY IS WHAT THEY EAT 1

Your Babies Are What They Eat: A Legal Analysis on the Comparison of Baby Food and Infant

Health

Francesca Quaranta

First Colonial High School

Legal Studies Academy

YOUR BABY IS WHAT THEY EAT 2

Abstract

This paper discusses the advantages and disadvantages of various methods of infant

nutrition and feeding, such as homemade versus store bought complementary baby food, and

breastmilk versus store bought formula. The author highlights the nutritional benefits of each

type of infant feeding in the early developmental years of life as well as the lifestyle benefits that

coincide with each method, and the health benefits breastfeeding has on the mother. The author

also acknowledges the emotional benefits breastfeeding and homemade baby food can have on a

child as well. Various laws, both federal and state, regarding infant nutrition and breastfeeding

are reviewed in detail and compared with laws of foreign nations. International scandals and

issues in relation to baby food alternatives, such as China’s Melamine Milk Scandal of 2008, is

noted as well as the lasting emotional damage that it has caused the people of China. Lastly, the

author further reviews ways to maintain a homemade baby food diet for an infant entering into

the complementary stage of their diet.

Keywords: Complementary, baby food, breastfeeding, infant nutrition

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Your Baby Is What They Eat: A Legal Analysis on the Comparison of Baby Food and Infant

Health

Babies are what they eat―or at least what their parents feed them. One of the biggest

stresses for new or expecting parents is how to optimize and ensure the best possible health for

their new child. Parents worldwide have debated which method of infant feeding―homemade or

commercial―is the best and most nutritious option for their children. Homemade baby food is

any food not manufactured or processed, such as breast milk or homemade pureed or soft foods.

Commercial food is any type of baby food that has been manufactured or processed, such as

processed formula or store bought or jarred baby food. Many baby food companies, such as

Gerber Products Co., have attempted to follow the food trend bandwagon of the organic market.

Many big-name companies have recently released product lines that claim to be organic or ‘all-

natural,’ yet it has come to public attention that these claims may be exaggerated by marketing

and media teams rather than truthfully containing organic ingredients. Every mother’s and

child's’ bodies are different and can respond and tolerate various foods in different ways. Some

mothers prefer formula over breastfeeding for medical purposes or vice versa. However, even

though preferences vary from family to family, the benefits of homemade baby food and

breastfeeding continuously outweigh the benefits of commercial baby food and formula.

Background of Infant Health

What Infants Need Nutritionally

There are different dietary needs as infants grow and develop between birth up to about

the age of 2. As a newborn, most of the calories the child receives should come from breast milk.
YOUR BABY IS WHAT THEY EAT 4

The use of formula as a substitute to breast milk is generally another option if the mother does

not wish to breastfeed. If the infant is intolerant to milk or soy protein formulas, it can lead to

bloody stool and other symptoms. For this reason, it is important to consult a pediatrician to

ensure that this option is tolerable by the infant and will not hinder the child’s growth (Nutrition

for infants and toddlers, n.d.). At six months of age, the child should begin to try more solid

foods, such as iron-fortified cereal or soft veggies or meats. It’s also important to integrate food

items that are identified as common allergens into the baby’s diet to test for any reactions. As a

newborn, the child will need lots of breastmilk taken roughly 8-12 times daily. By the time the

child can crawl on his or her own, breast milk should be fed only as desired and mostly solid and

soft foods. Once the child has reached 1 year of age, their diets should mostly consist of solid

foods. Breast milk and formula should be less prominent within the infant’s diet and only fed on

demand of either the mother or child. To make the switch from breastmilk or formula to mostly

regular foods, it is important that the child is still drinking 16 to 24 oz. of whole milk daily

(Nutrition for infants and toddlers, n.d.).

The Differences Between Commercial and Homemade Baby Food

There are many benefits to homemade baby food rather than feeding a child only

formula. Some commercial baby food is cooked at extremely high temperatures which causes a

loss of key nutrients that babies need for healthy development. Some parents prefer homemade

baby food over commercial because they have control over how the food is made, what goes into

it, and are certain of every ingredient that their child is consuming. Some baby food

manufacturers have created ‘organic’ product lines and are trying to follow the current healthy

eating, all natural foods trend that has taken to the food industry. However, some issues have
YOUR BABY IS WHAT THEY EAT 5

arisen regarding the true quality of the type of baby food being advertised is really more

nutritionally beneficial than their regular product lines (Shaw, n.d.).

Advantages and Disadvantages of Homemade Baby Food

Feeding an infant homemade baby food rather than commercial has a wealth of both

health and emotional benefits. For example, parents have the ability to control every ingredient

that is being fed to their baby. Homemade baby food can actually be less expensive than most

store bought. Parents can customize their own meal for their child with ingredients that aren’t

typically found in store bought baby food, such as avocados. Homemade baby food can help the

baby adapt and transition easier to the family’s likes and eating habits. It can be made at any

convenient time and can be refrigerated in single serving amounts or frozen for longer storage.

However, homemade baby food takes more time to prepare and has to be stored in certain ways

because it only lasts a certain amount of time before it spoils. Prepackaged food also comes

already measured in serving size amounts; although, you can freeze and store homemade food in

serving size amounts for convenience (Shaw, n.d.).

Advantages and Disadvantages of Commercial Baby Food

Buying jarred or pre-packaged baby food also has some benefits; however, they are not

necessarily health benefits, but rather convenience benefits. Buying the baby food or formula,

rather than making it from scratch, saves time and does not require taking time out of the day to

prepare. Jarred baby food does not need to be refrigerated until after it has been open, so it can

be stored safely for a longer period of time. It comes in single serving containers and makes it

easy to feed the child wherever and whenever desired (Shaw, n.d.). Purchasing formula rather

than breastfeeding allows anyone to feed the child and does not require the mother to be present.

However, commercial baby food can be costly and making baby food from scratch is often
YOUR BABY IS WHAT THEY EAT 6

cheaper than most commercial brands. Name brand companies often advertise products that

appear to be ‘healthier’ products and market the items in a way to persuade their buyers to trust

not only quality of the product, but to trust the brand name itself. Marketing tactics can often be

misleading and are not always one hundred percent truthful regarding the inclusion or lack of

certain ingredients in the products (Shaw, n.d.).

Early Developmental Stages and Breastfeeding

Benefits of Breastfeeding

One of the most widely known and best ways of feeding a newborn or infant is through

breastfeeding. According to medical professional and nutritionist Christina Smith, MS, RD,

CNSC, who has a background in infant health and nutrition through the Women, Infants, and

Children (WIC) program, “breastfeeding is considered the gold standard for infant nutrition” (C.

Smith, MS, RD, CNSC, personal communication, November 6, 2018). The American

Association of Pediatrics (AAP) believe that breastfeeding has a variety of benefits to both the

infant and the mother such as preventing “type 1 and type 2 diabetes, lymphoma, leukemia, and

Hodgkins disease, childhood overweight and obesity” in the child as well as “earlier return to

prepregnancy weight [and a] decreased risk of breast and ovarian cancers” for the mothers

(American Association of Pediatrics (AAP), n.d.).

It is always at the right temperature, sanitary and readily available.It is more easily

digested and absorbed, thus less likely to cause excess gas and/or reflux. Also, it provides

antibodies and other bioactive factors from the mother that no formula can provide (and

the baby can't secrete antibodies for the first several months of life). It's composition

changes over time to meet the infant's developmental needs. It's believed to have a

protective effect against food allergies, ear infections and respiratory illnesses. It may
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also boost cognitive development (C. Smith, MS, RD, CNSC, personal communication,

November 6, 2018).

Essentially, breastfeeding as able to provide infants with key nutrition that is hard to duplicate in

a store-bought glass jar. Breastfeeding not only is vital to the infant’s health but is also highly

beneficial to the mother.

Negative Stigma Towards Breastfeeding

Unfortunately, in the United States, breastfeeding in public is considered rude and is

often ostracized by society. Mothers across the country have been scolded and mocked for

simply feeding their newborn child. Even if a mother decides to cover herself and her child with

a blanket or towel, many people still will vocally state their discomfort towards the action. In

most other countries, breastfeeding is advocated for and is promoted largely through posters and

signs. For example, in Madagascar, formula feeding is almost nonexistent due to the lack of

income and the high prices of store bought-food. Mothers openly breastfeed their children

without covering up with a wrap or blanket and it is not frowned upon by society in any way. In

fact, images of breastfeeding women are plastered on the walls in their hospitals and

communities to promote the education and safety of breastfeeding. However, this is far from how

breastfeeding is treated with the United States. In the case of Stephanie Hicks v. City Of

Tuscaloosa Alabama, decided September 07, 2017, an officer of the Tuscaloosa Police

Department was mocked and humiliated by her coworkers for pumping breastmilk in the locker

room. She was called derogatory names and was condemned for taking 12 weeks of Family and

Medical Leave Act (FMLA) instead of what she was told by her male coworkers should only be

six. Hicks overheard her Lieutenant and Captain discussing how they could find ways to “write

[her] up and get her out of here” (United States Court of Appeals, Eleventh Circuit., 2018). After
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being unjustly reassigned and discharged, Hicks filed suit with claims “under the Pregnancy

Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA)” (United States

Court of Appeals, Eleventh Circuit., 2018).

U.S. Legislative History

Current Legislation for Maternal and Breastfeeding Rights

Mothers all over country, and even all over the world, have suffered greatly from

harassment and inequality in the workplace in regards to maternity leave and postpartum duties.

Especially in a male dominated workforce, mothers are often discriminated against despite

current legislation. All fifty states, including the U.S. Virgin Islands and Puerto Rico have

implemented laws protecting a mother’s right to breastfeed in either a private or public place.

However, only six out of all fifty states and territories have implemented or encouraged

breastfeeding awareness. In the state of Virginia, Va. Code § 2.2-1147.1 (2002, 2015) allows a

mother to breastfeed anywhere she needs to including on state-owned property. It also recognizes

that breastfeeding rights are included under the Virginia Human Rights (National Conference of

State Legislature (NCSL), 2018). Breastfeeding is also exempt from criminal statutes and

breastfeeding mothers can be excused from jury duty in the state of Virginia (Walano, 2018). In

2010, President Barack Obama amended Section 7 of the Fair Labor Standards Act of 1938 (29

U.S.C. 207) by implementing that an employer must provide nursing mothers a “reasonable

break time” and a private location, other than a bathroom, to pump breast milk for a one year

period following childbirth (U.S. Department of Labor, 2010).

Infant Formula Protection Act of 2017

A current bill is being processed titled the ‘Infant Formula Protection Act of 2017’ which

moves to amend the Federal Food, Drug, and Cosmetic Act to implement that any infant
YOUR BABY IS WHAT THEY EAT 9

formula, including powdered formula, that is past its used-by date cannot be sold or distributed.

The bill was introduced June 5th, 2017 by the House Committee on Energy and Commerce and

is still in progress; neither the Senate nor the House has voted (Infant Formula, 2017).

Code of Federal Regulations Title 21

§ 106.91 - General quality control. Under the Code of Federal Regulations Title 21 Part

106: Infant Formula Requirements Pertaining to Current Good Manufacturing Practice, Quality

Control Procedures, Quality Factors, Records and Reports, and Notifications, companies who

produce and manufacture baby food or formula must meet specific standards of quality in order

to place their products on the market. Under § 106.91 - General quality control, All processed

baby formulas must be tested during manufacturing for the presence of and correct amounts of

specific nutrients required by section 107.100 of this chapter. Routine checks of a new product

shall be conducted every 4 months for the duration of the shelf life of a product. If the checks

prove that the nutrient requirements have not been met, the manufacturer must identify the

source of the problem and evaluate the significance of it, then determine whether or not to recall

the item (U.S. Food and Drug Administration, 2018).

§ 107.10 - Nutrient information. The Code of Federal Regulations Title 21 Part 107:

Infant Formula § 107.10 - Nutrient information provides a list of required nutrients to be clearly

stated on manufactured baby food items. The nutrients must be displayed in a table-like format

with the amounts listed by 100 kilocalories as well as any other added ingredient from the

manufacturer (U.S. Food and Drug Administration, 2018).

Hobbs v. Gerber Products Co.

Hobbs v. Gerber Products Co. is a class action suit run represented by Linda Hobbs

against Gerber Products Co. Hobbs claims that Gerber falsely advertised their products,
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particularly Good Start Gentle (GSG) line and advertised that this product would reduce risk of

allergies and atopic dermatitis as well as provide “protective benefits” for the baby. This product

was also approved by the FDA. Hobbs routinely spent $20-$50 depending on the amount of

products she purchased for the three infants she was taking care of in 2012-2014. She claims that

she was falsely led by Gerber advertisements of the GSG products and was economically injured

as a result. The label on the product she purchased states: “"1ST & ONLY Routine Formula TO

REDUCE RISK OF DEVELOPING ALLERGIES See Label Inside".” This case was backed

with respect to the Illinois Consumer Fraud and Deceptive Business Practices Act, which is “to

protect consumers, borrowers, and business persons against fraud, unfair methods of

competition, and other unfair and deceptive business practices." Gerber Products Co. motioned

to dismiss the case but the motion was denied by the U.S. District Court for the Northern District

of Illinois Eastern Division on 8/14/2018 (United States District Court, N.D. Illinois, Eastern

Division, 2018).

The Science Behind It

How Diet Diversity, Weight, and Growth Is Affected By Different Food Types

In May of 2017, a study titled “Diet diversity, growth and adiposity in healthy breastfed

infants fed homemade complementary foods” was conducted at the Mary Emily Clinical

Nutrition Research Unit of McGill University in Montreal, Québec. This study explores the

effects of different types of baby foods (homemade vs. store-bought/commercial) on 9-month old

babies’ development from the variety in the diet in the child’s first year of life, as well as

compare the child’s nutrient intakes, growth, and adiposity (weight/obesity) in the child’s first 3

years of life. Background information the helped build upon the foundation of this study includes

information provided by the World Health Organization (WHO). The WHO suggests
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breastfeeding up to 6 months, and then begin solid food after that 6 month mark. This transition

from milk to solid food is a crucial time to establish eating habits and preferences for the child.

Ensuring infants are receiving a balanced diet with a variety of different foods and food groups is

very important for development. Store-bought or commercial baby food is high is sodium and

sugar with a uniform texture, which can restrict the baby’s variety in their diet and make

introducing new foods and texture much more difficult. Homemade baby food usually does not

have the same texture consistently, which makes introducing new foods to the baby easier. This

study is an observational analysis using a double-blind procedure and randomized and controlled

vitamin-D dose. Subjects included 132 healthy breastfed infants from Montreal, Canada

participating from March 2007 -April 2010. The subjects could not have any family health

history that could’ve been inherited from parents or have any preexisting conditions. The

subjects entered the study at 1 month of age, were fed only breastmilk up to 6 months. After 6

months, the infants were either fed a strictly homemade diet, a strictly commercial diet, or a

combination of the two, then measured at 6, 9, 12, and 36 months of age. By 9 months of age, the

study showed that the babies on the homemade diet had higher diet diversity, while children who

were fed strictly store-bought had reduced diet diversity and were expected to have more

difficulty feeding in the future. This study showed little difference in nutrient intake and energy

but the babies with the homemade diet had less adiposity—body fat— as compared to those who

were on the store-bought diet. The study only tested breastfed babies, so results could be

attributed to that factor because their bodies may have a better ability to self-regulate energy

intake as compared to babies who were fed formula prior to solid foods being introduced

(formula babies have lower nutrient and energy intakes). The results concluded that babies with

only a homemade diet had a higher development of diet diversity and reduced body fat through
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the duration of the study as compared to babies with the store-bought diet (Mok, E., Vanstone, C.

A., Gallo, S., Li, P., Constantin, E., & Weiler, H. A., 2017).

Lead In Commercial Baby Food

A report titled ‘Lead In Food: A Hidden Health Threat’ was published June 15, 2017, by

the Environmental Disease Fund (EDF). It has been previously known that the presence of lead,

in any amount small or large, in a child’s bloodstream can lead to behavioral issues and lowered

IQ. In this study, out of roughly 2,000 baby food samples, about 20% had lead identified in their

contents. Of 57 types of food sampled, at least one in 52 of them had lead found in them. Lead

was most commonly found in the following: “Fruit juices: 89% of grape juice samples contained

detectable levels of lead, mixed fruit (67%), apple (55%), and pear (45%), Root vegetables:

Sweet potatoes (86%) and carrots (43%), Cookies: Arrowroot cookies (64%) and teething

biscuits (47%)” (Environmental Disease Fund, 2018). ‘Baby food’ versions of apple, grape, and

carrot juices were found to have higher concentrations of lead than the regular versions. Any

level of identified lead in a child’s bloodstream can also cause issues with their cardiovascular

health and immune systems. Lead can be found naturally in soil, or it can get there from

contaminants such as pesticides, gas deposits, or if there are any industries near by that could

leak contaminants into the ground or atmosphere. Contaminated particles left on produce can

cause the produce to be infused with the lead - even if the produce is organic. Always rinse

produce for a child, or for anyone’s consumption, to avoid any lingering lead particles

(Environmental Disease Fund, 2018).

Foreign Market Comparisons

Breastfeeding Laws in Foreign Countries

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In foreign countries, breastfeeding has a much more positive connotation than it has

within the United States. In Australia’s Sex Discrimination Act 1984, it is illegal to discriminate

against a mother “from breastfeeding in any place she is legally able to be” or for breastfeeding

in general (Kam, 2017). The UK’s Equality Act of 2010 prohibits a mother from being

discriminated against in any way for breastfeeding. A nursing mother is permitted to breastfeed

in any public place, including a restaurant, in which no restaurant owner is allowed to refuse to

serve or ask her to leave. In the Netherlands, employers are required by law to provide

breastfeeding mothers a private area as well as allow “25% of work time to be spent on

breastfeeding” or pumping breast milk (Kam, 2017). In many underdeveloped countries such as

Nepal and other African nations, laws regarding breastfeeding do not exist; however, it is the

typical method of feeding infants and is widely acceptable by society. Breastfeeding is often the

standard of infant feeding in underdeveloped countries due to the lack of income and the often

high prices of commercial formula and baby food. Many of these areas have no access to

products such as these and therefore are only accustomed to breastfeeding.

China’s Melamine Scandal in 2008

A company called the Fonterra Group is the largest trader of dairy products in the World.

A Chinese partner company called the Sanlu Group was found to be providing powdered milk

products that were contaminated by melamine, “a chemical used in producing plastics,” which

led to several formula-fed babies across the country to fall ill (Mooney, 2008). Roughly 300,000

babies were affected and six of them died (BBC News, 2010). Further research following the

initial reveal of the scandal found that 20 other Chinese dairy countries had products also

contaminated with melamine. A Chinese candy called White Rabbit, which is an international

product, was also contaminated. Even some of the world’s top producers such as Cadbury,
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Nestlé, and Unilever had contaminated products. The origin of the scandal was traced to farmers

who had added melamine to increase protein levels, who in turn blamed the corporations for

lacking proper regulations and testing standards. This scandal stretched across international

borders; however, the parents of China were affected deeply for a decade following its initial

outbreak (Mooney, 2008). Even a decade later, the Chinese most prefer milk and dairy products

from foreign countries rather than brands produced in China itself. These parents are rightfully

fearful due to the extremely high number of cases of infants falling ill with major health issues

such as kidney stones, which is extremely painful and dangerous to young children. The

prominence of fear is still at an extremely high rate that at times, there is often a shortage of milk

powder due to parents attempting to stock up on products they know are safe for their child to

consume (Huang, 2018).

Additional Information on Homemade Baby Food

Nutritional Value

Packaged Baby food is cooked at extremely high temperatures which destroys many of

the nutritional content and important vitamins. By making baby food from scratch, one can know

for sure that there is no added sugar or preservatives and that the food is fresh and nutrient dense

food instead of the high temperature cooked food with most of the nutritional value lost. The

packaging of the baby food could filter other harmful chemicals like Bisphenol S (BPS) into the

food. By storing in glass or ceramic jars, or even in reusable silicone or any safe and reusable

storage containers, one can reduce food waste by eliminating the use of single-use plastics like

the baby food pouches (Shaw, n.d.).

Emotional Value and Family Bonding

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According to the “Diet Diversity, Growth And Adiposity In Healthy Breastfed Infants

Fed Homemade Complementary Foods” study, commercial baby food tends to be of similar and

consistent textures, while homemade baby food is easily customizable and varies in texture from

batch to batch. A lack of texture and ingredient variety can lead to behavioral issues and make

feeding transitions much more difficult for families. Homemade baby food allows parents to

introduce a wide variety of foods, flavors, and textures into the babies diet at an early age. This

makes it much more easy to transition into the families style of eating as well as exposes the

child to the typical flavors and types of food the family normally eats. It is also important that the

child is fed with the family present, or that they sit at the table with the family as they grow up

(Mok, E., Vanstone, C. A., Gallo, S., Li, P., Constantin, E., & Weiler, H. A., 2017). This helps to

establish healthy relationships and encourages bonding between the parents and the child. By

customizing the food for the child, parents have direct control over the health and nutrition of

their child. This helps to establish healthy eating habits early on in the child’s life and will often

kindle healthy eating habits in the child’s future. Incorporating exercise into the daily family

routine is also very important because it also helps build and strengthen the family dynamic as

well as encourages the child to continue healthy lifestyle habits as they grow and mature (Shaw,

n.d.).

What Foods Are The Best?

The first few stages of a child’s life are crucial because they are the developmental stages which

establishes the health and growth of the child. It is extremely important for parents to make sure

that what they are feeding their infants contain the proper nutrition and are receiving a healthy

and balanced diet with a variety of foods. Incorporate good fats into their diets such as

“avocados, peanut butter, full-fat Greek yogurt and hummus with olive oil” (Nutrition for infants
YOUR BABY IS WHAT THEY EAT 16

and toddlers, n.d.). At 2 years of age, the child’s diet should be made up entirely of solid foods.

Encourage healthy eating and lifestyle habits such as eating together and exercising. Meals

should have meat with little fat, whole grains, and a decent amount of fruits and veggies. Iron-

rich foods such as “oily fish, eggs and green, leafy vegetables, blueberries and iron-fortified

cereal” are especially important to incorporate into the child’s diet because they support healthy

brain development (Nutrition for infants and toddlers, n.d.).

Conclusion

There are many health benefits to a more organic or natural style of infant feeding

through breastfeeding and homemade baby food. By providing a child with this type of diet, it

creates a greater diversity and tolerance to new food changes as the child grows. Breastfeeding

provides the baby with key nutrients that cannot be substituted in the standard formula, as well as

provides many benefits for the mother such as natural weight loss and decreased risk of ovarian

and breast cancers. Many parents choose their method of feeding based on preference or

convenience, yet are often unaware of the amount of nutrients and other benefits they are

preventing their child from obtaining by eliminating breastfeeding or switching to another

method prematurely. Breastfeeding itself is recommended by doctors worldwide as the number

one method of feeding due to the plethora of benefits it uniquely provides to both the infant and

the mother. However, breastfeeding, in the United States in particular, is surrounded by a

negative stigma and often is shamed. Countless mothers have been harassed and unjustly

punished in both public places and the workplace. In contrast, most foreign countries strongly

advocate for breastfeeding in public and many prohibit the discrimination of or mistreatment of

nursing mothers. In some places, breastfeeding is the only method of feeding known and is often

used for the first few years of life until the child can easily chew and digest normal food.
YOUR BABY IS WHAT THEY EAT 17

Globally, most countries have implemented laws and regulations protecting a mother’s right to

breastfeed. Thousands of studies have been conducted on the benefits of breastfeeding and is, in

fact, the ‘gold standard’ for the early developmental stages of infant health.

In reference to homemade baby food instead of store bought or complementary baby

food, it is a matter of the parent’s preference. Homemade baby food may be more time

consuming and tedious, but it allows a child to bond with the family and adapt easily to their

style of eating. It helps the child take on healthy eating and diet habits early on as well as allows

the parents to be completely sure of the ingredients and nutrients their child is receiving.

Homemade baby food can be made ahead of time and frozen in serving size amounts for

convenience.

In conclusion, infant nutrition is shaky ground, but if thoroughly researched and

understood, infants should most likely have outstanding health and development. Formula and

store bought baby foods can sometimes cause issues and lead to obesity in childhood or in later

life. Parents should carefully plan and educate themselves on the benefits and disadvantages of

each method and choose which they believe will fit their lifestyle and the future lifestyle of their

child.
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