RFK Jr. Moves to Close Food Additive Loophole

RFK Jr. Moves to Close Food Additive Loophole

The News

Health and Human Services Secretary Robert F. Kennedy Jr. on Monday moved to tighten a decades-old loophole that has let food companies decide for themselves whether new ingredients are safe.

The FDA proposed converting its "Generally Recognized as Safe" (GRAS) program from a voluntary system into a mandatory one, requiring manufacturers to notify the agency before adding new ingredients to processed or packaged foods.

The GRAS program has allowed companies to self-certify ingredient safety since the 1950s, letting some additives enter the food supply with no federal review at all.

How It Would Work

Under the proposal, companies would submit a notice when they determine an additive is safe.

The FDA would review that notice within 45 days for completeness, then conduct a substantive safety review within 180 days.

The change would create post-market oversight — not a pre-approval requirement. Granting the FDA pre-market approval authority would require an act of Congress.

Timeline

Since the 1950s, the GRAS rule has allowed manufacturers to self-certify that additives are safe, without notifying the FDA.

A March study found that 111 substances of unknown safety entered the U.S. food supply without any FDA notification.

On Monday, August 10, 2026, the Trump administration announced the proposed rule change as part of its "Make America Healthy Again" (MAHA) agenda.

Reactions

Supporters frame the move as delivering on the administration's promise to overhaul U.S. food safety rules and modernize oversight of food ingredients.

Critics say the proposal does not go far enough, noting companies would still be able to police their own safety determinations rather than face mandatory federal approval.

Reporting also cautioned that neither of Monday's announcements is likely to immediately change American diets, which are blamed for chronic diseases such as obesity, diabetes and heart disease.

What's Next

A separate federal definition of ultraprocessed foods remains under multi-agency review.

The FDA also released final guidance Monday on microbiological safety for fresh-cut produce.

Watch for whether food manufacturers mount legal or lobbying challenges that could delay or weaken the final rule, and whether Congress grants the FDA pre-market approval authority.

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