Commencing January 1, 2027, a brand owner of a packaged prenatal multivitamin product that is sold, manufactured, delivered, held, or offered for sale in the state, including, without limitation, prenatal multivitamins that are sold by a retailer or that are sold directly to consumers, shall disclose product information to the public consistent with all of the following:
(a)
(1)Make publicly available on the brand owner’s internet website, for the duration of the product shelf life for a packaged prenatal multivitamin product plus one month, all of the following:
(A)The name and level of each heavy metal present in each lot of a packaged prenatal multivitamin product.
(B)Information from the product’s supplement facts panel, including the amount per serving of each ingredient.
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Commencing January 1, 2027, a brand owner of a packaged prenatal multivitamin product that is sold, manufactured, delivered, held, or offered for sale in the state, including, without limitation, prenatal multivitamins that are sold by a retailer or that are sold directly to consumers, shall disclose product information to the public consistent with all of the following:
(a)
(1)
Make publicly available on the brand owner’s internet website, for the duration of the product shelf life for a packaged prenatal multivitamin product plus one month, all of the following:
(A)
The name and level of each heavy metal present in each lot of a packaged prenatal multivitamin product.
(B)
Information from the product’s supplement facts panel, including the amount per serving of each ingredient.
(C)
The statement:
“Prenatal multivitamins containing certain minerals critical to support an expectant person’s health and proper development of their fetus may contain trace levels of heavy metals that occur in the environment naturally or from human activities. The levels of heavy metals in prenatal multivitamin ingredients may vary depending on whether and at what levels the prenatal multivitamin contains these ingredients, as well as the location from which the ingredients are sourced. Certain foods containing
minerals critical to support an expectant person’s health and proper development of their fetus may also contain heavy metals. For more information, speak with your physician about choosing a prenatal multivitamin that meets your specific nutrient needs.”
(2)
The information required in paragraph (1) shall all be provided on the same web page.
(b)
The heavy metal testing information shall be available to the public without having to provide a UPC number, a lot number, or a proof of purchase.
(c)
Provide descriptive information on its internet website to enable accurate identification of the packaged prenatal multivitamin product by the public, including information that makes the levels of heavy metals available to
the public by lot.
Descriptive information may include, but is not limited to, product name, UPC, size, or lot numbers.
(d)
An internet website hyperlink to the United States Food and Drug Administration (FDA) where the public can find the most recent FDA internet website relating to heavy metals in food.
(e)
On the brand owner’s internet website describing a packaged prenatal multivitamin product, include a prominent statement that reads “For information about heavy metal testing on this product” followed by a hyperlink to the internet website that contains the publicly available test results.
(f)
(1)
For a product sold in a retail store that is shipped to retailers
on or after January 1, 2027, the outermost “package,” as defined in Section 1459(b) of Title 15 of the United States Code, of a packaged prenatal multivitamin product shall include a statement that reads: “For information about heavy metal testing on this product, visit” followed by the web address where the information required by subdivision
(a) is posted.
(2)
For a product sold online or directly to consumers that is shipped to consumers on or after January 1, 2027, the product details page for the product, on an internet website where the product is sold, shall include a statement that reads: “For information about heavy metal testing on this product, visit” followed by a hyperlink to the internet website where the information required by subdivision (a) is posted.
(3)
On or after January 1, 2030, a person shall not sell in the state or manufacture, deliver, hold, or offer for sale in the state a prenatal multivitamin, including, without limitation, a prenatal multivitamin that is sold by a retailer or that is sold directly to consumers, that does not include
the packaging or online statements specified in paragraphs (1) and (2).