Health and Human Services Secretary Robert F. Kennedy Jr. took aim “at a long-criticized food safety loophole on March 10, directing the Food and Drug Administration (FDA) to explore rulemaking that would end companies’ ability to ‘self-affirm’ ingredients as safe without oversight,” reported Food Safety Magazine.
Kennedy’s order targets the FDA’s Substances Generally Recognized as Safe (GRAS) rule, which lets manufacturers deem ingredients safe by using internal data, “often skipping FDA notification.”
“For far too long, ingredient manufacturers and sponsors have exploited a loophole that has allowed new ingredients and chemicals, often with unknown safety data, to be introduced into the U.S. food supply without notification to the FDA or the public,” Kennedy said in a March 10 HHS news release. Closing it, he argued, will “help get our nation’s food supply back on track.”
According to a report from the Environmental Working Group, nearly 99% of new chemicals used in food or food packaging since 2000 were green-lit for use by the food and chemical industry, not by the FDA.
“A 2013 Pew Charitable Trusts study estimated 3,000 GRAS substances have evaded FDA review, a figure cited in The Guardian’s 2024 additive coverage and likely fueling Kennedy’s push. Currently, the FDA encourages voluntary GRAS notices—handling about 75 annually and publishing more than 1,000 since the program began, according to the HHS news release,” wrote Food Safety Magazine.
On Monday, Kennedy announced that he had met with the chief executive officers of Kraft Heinz, General Mills, Tyson Foods, Kellogg’s, Smuckers and PepsiCo to discuss a solution, reported CNN.
Some states have already taken action. In October 2023, California banned four substances—BVO, potassium bromate, propylparaben and red dye No. 3—“due to links with serious health concerns as cancer, endocrine and reproductive issues, and heart and liver problems,” wrote CNN.
Learn more about how to build consumer trust in c-store food programs and food protection systems at the 2025 NACS Food Safety Forum, which will take place April 8 in Dallas. This event will be held prior to the kick-off of the 2025 State of the Industry Summit. Separate registration is required.