Cinnamon and Spice but Not Necessarily Nice

ArentFox Schiff
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ArentFox Schiff

What do eggnog, Christmas pudding, gingerbread cookies, and fruit cake all have in common? Cinnamon. But this year, the spice giving these desserts their holiday cheer could also come with a toxic level of lead.

There has long been concern about heavy metal contamination of spices, particularly those purchased outside of the United States. Heavy metals, like lead, cadmium, and arsenic, can be present in the soil where spices are grown and can find their way into the plants from which the spices are harvested. This issue recently drew national attention due to a recall of apple cinnamon, apple puree, and apple sauce pouches due to high lead levels — in one case nearly 200 times the level permitted by the US Food and Drug Association’s (FDA) guidelines. The FDA believes that the cinnamon used in these pouches is the culprit.

As of December 11, 65 children, all under the age of six, have reportedly been affected by the increased lead content in the pouches. These pouches were sold nationwide by international fruit and vegetable fruit producer and trader, Wanabana, who used cinnamon imported from an Ecuadorian company.

The recall highlights the FDA’s “Closer to Zero” initiative, which focuses on food intended for babies and young children, aiming “to reduce dietary exposure to contaminants to as low as possible, while maintaining access to nutritious foods.” Through Closer to Zero, the FDA plans to establish action levels for heavy metals in foods typically eaten by babies and younger children, and will work with industry players to monitor, implement, and enforce these levels. However, Closer to Zero has been slow to get off the ground. The program was started in response to two 2021 congressional reports finding that food products made for children had higher than expected levels of heavy metals, including lead. The FDA had originally hoped to set voluntary action levels by 2024, but it appears unlikely the agency will meet this goal.

Although the recall understandably has parents and regulators worried, you don’t need to throw away your cinnamon or leave plain sugar cookies for Santa instead. According to the American Spice Trade Association (ASTA), the amount of lead that the bark of a cinnamon tree can absorb is much less than the amounts found in the pouches. This suggests the lead entered the cinnamon sometime after harvest. The ASTA says consumers should not worry about the safety of spices in the United States generally. The FDA is currently screening cinnamon imports and has noted that there have been no other reports of illness associated with the holiday favorite spice.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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