Is it legal to sell breast milk in the US?

The Legality of Selling Breast Milk in the U.S.
In the United States, the sale of breast milk is a complex issue that intertwines legality, health concerns, and ethical considerations. Legally, it is permissible to sell breast milk, and many individuals engage in this practice, often through online platforms or informal networks. However, the regulatory landscape surrounding this activity is notably sparse.
Current Legal Framework
The Food and Drug Administration (FDA) does not regulate the sale of human breast milk, which means that there are no federal laws specifically governing this practice. This lack of regulation extends to state governments as well, allowing individuals to buy and sell breast milk without legal repercussions. As noted by experts, “the informal sale of human breast milk, whether through the Internet or some other means, is not regulated by the federal government or any state government”.
Despite its legality, the FDA has issued warnings regarding the potential risks associated with obtaining breast milk from unregulated sources, particularly online. The agency emphasizes that milk purchased from informal sellers may not meet safety standards, which raises concerns about contamination and the transmission of infectious diseases.
The Market for Breast Milk
The market for breast milk has grown, driven by various factors, including the increasing awareness of the nutritional benefits of breast milk for infants. Many lactating individuals find that selling their excess milk can serve as a lucrative side hustle. Reports suggest that healthy lactating individuals can earn a significant income by selling their milk, with some estimates indicating potential earnings of up to $23,000 a year for those who produce enough milk.
However, while the sale is legal, it is essential for both sellers and buyers to be aware of the associated risks. The FDA advises that breast milk should ideally be obtained from regulated milk banks, which screen donors and pasteurize the milk to ensure safety. In contrast, milk sold through informal channels lacks such safeguards, making it a gamble for those who choose to purchase it.
Ethical Considerations
The ethics of selling breast milk also come into play. Some argue that commodifying breast milk can undermine its value as a natural and nurturing substance meant for infants. Others contend that allowing mothers to sell their milk can empower them financially and provide much-needed resources for families in need of donor milk.
In practice, while selling breast milk is legal and increasingly common, it is fraught with health risks and ethical dilemmas. As the market continues to evolve, both sellers and buyers must navigate these complexities carefully, balancing the potential benefits against the inherent risks involved.

Can you sell breast milk in the US?

Sellers may face criminal liability under federal and state laws if they know they have certain communicable diseases that are transmitted through breast milk, such as human immunodeficiency virus, tuberculosis, and syphilis, and nevertheless sell their milk to unknowing buyers.

What is 555 after birth?

According to Katie Brett, MSN, PMHNP-BC, a psychiatric mental health nurse practitioner at MyTribe, “The 5-5-5 rule in postpartum suggests a timeframe of recovery following birth: 5 days in bed, 5 days on the bed and 5 days around the bed.”

How much can I get paid for my breast milk?

There’s two main US national milk banks, Tiny Treasures and Ni-Q. TT pays $1.20/oz and Ni-Q pays $1/oz. Both are good companies and use that milk to make milk products that are used in hospital NICUs.

How to get money for breastmilk?

Commercial milk banks cover testing and shipping costs too, and some pay or donate money on your behalf. For example, Tiny Treasures Milk Bank compensates milk donors with $1 per ounce of breastmilk and Helping Hands Milk Bank contributes $1 per ounce of donated milk to the Susan G. Komen foundation.

Why can’t i sell a breast pump on Marketplace?

Facebook has banned parents from selling breast pumps, as these are considered medical devices, and therefore go against the platform’s health care policy.

Is it legal to sell breastmilk on Facebook?

Selling breast milk is not illegal. It is unregulated. “When human milk is obtained directly from individuals or through the internet, the donor is unlikely to have been adequately screened for infectious disease or contamination risk,” according to the FDA.

What is the 5 5 5 rule for breast milk?

Something I recommend to moms is the 5-5-5 rule. Try and use milk within five hours at room temperature, five days in the fridge, and by five months in the freezer.

What disqualifies you from donating breast milk?

You may be disqualified from donating breast milk if you: Have or are being treated for HIV, HTLV (human T-cell leukemia virus), hepatitis B or C, or syphilis. Have a sexual partner who is at risk for HIV, HTLV, hepatitis B or C, or syphilis. Have used recreational drugs within the last year.

What is the 120 pumping rule?

The first 12 weeks of your breastfeeding journey requires frequent breastmilk removal, stimulating healthy milk production. Studies show moms who exclusively pump for a minimum of 120 minutes per day can make enough to feed their babies primarily breastmilk.

Is it illegal to sell raw milk in the US?

Federal law prohibits the sale of unpasteurized milk across state lines, but individual state laws govern the sale of unpasteurized milk within the state. The page shows the states in which sale of unpasteurized milk is allowed in retail stores, on the farm only, or prohibited.