Is it legal to sell breast milk products?

The Legality of Selling Breast Milk Products
In recent years, the market for human breast milk has gained attention, particularly as parents seek alternatives for feeding their infants. The question of legality surrounding the sale of breast milk products is complex and varies by region, but generally, it is legal in many places, including the United States.
Legal Framework
The sale of breast milk is not explicitly illegal; in fact, it is a practice that occurs frequently, especially online. Many lactating individuals sell their excess milk through various platforms, including social media and specialized websites. According to reports, this market is thriving, with sellers often advertising their milk on platforms like Facebook Marketplace. However, the lack of regulation raises significant concerns about safety and quality.
While selling breast milk is legal, it is important to note that sellers may face legal liabilities if the milk is contaminated or if it poses health risks to consumers. For instance, if a seller transmits infectious diseases such as HIV or tuberculosis through their milk, they could be held criminally liable. Additionally, under federal law, shipping adulterated products can lead to serious legal repercussions.
Safety Concerns
The safety of breast milk sold outside of regulated milk banks is a major concern. Milk banks, which are often non-profit organizations, screen donors and pasteurize milk to ensure it is safe for consumption. In contrast, private sales do not typically involve such rigorous safety measures. Experts warn that unregulated breast milk can lead to health risks for infants, including exposure to pathogens or nutritional imbalances.
Dr. Jonathan Fanaroff, Co-Medical Director of a NICU, emphasizes that while selling breast milk is common and not prosecuted, the lack of oversight means that families should exercise caution when purchasing milk from unverified sources. The potential for product liability claims also looms large, as selling substandard milk could lead to serious health issues for infants, which may fall under tort law.
Conclusion
In summary, selling breast milk products is legal in many regions, including the United States, and is a practice that is increasingly common. However, the absence of regulation poses significant risks, both legally and health-wise. Parents considering purchasing breast milk should be aware of these risks and prioritize safety by seeking milk from reputable sources, such as licensed milk banks, rather than private sellers. As the market continues to grow, the conversation around regulation and safety will likely become more prominent, highlighting the need for clearer guidelines to protect consumers and their children.

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.

Why is filled milk illegal in some states?

It is declared that filled milk, as defined in section 61 of this title , is an adulterated article of food, injurious to the public health, and its sale constitutes a fraud upon the public.

Is it illegal to pump breast milk in public?

It’s not uncommon to feel uncomfortable about the idea of breastfeeding in public. But you have the right-in most states-to feed your baby anytime, anywhere. There is no national law about breastfeeding in public.

Can I sell breast pumps on Facebook?

Facebook groups – be wary
While the policy doesn’t expressly mention breast pumps, many posts selling breast pumps have been taken down, as breast pumps are considered medical devices by the FDA. Facebook groups, even when moderated, are never free from scams.

How do I legally sell soap?

Do you need a license to sell soap? No, you do not need a license to sell soap in the US. You might need to get a business license to operate legally, though this is on a state-by-state and even more local basis.

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.

Can you be sued for selling breast milk?

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.

How much breast milk does a mom make a day?

For example, a more typical amount of milk for a mom to produce is 570-900 mL/19.27-30.43 oz a day.

Is it illegal to sell milk?

California — Retail sales of raw milk are legal as well as sales of raw butter, cream, and kefir; a license is required. See all reports.

Can you legally sell breast milk soap?

Well, it is not illegal to make and sell breastmilk soap. It’s merely unregulated. But then again so is all soap in the United States. So, why would I make breastmilk soap?