FDA may step up ingredient disclosure rules

The Food and Drug Administration may soon require food manufacturers to explain why substances added to foods are safe for consumption. Acting FDA Commissioner Kyle Diamantas said Monday that a 1958 law creating an exception from food testing laws for ingredients generally recognized as safe, or GRAS, created a loophole many companies use to avoid safety testing.

In 2016, the FDA encouraged companies to report the food additives they assessed to be safe, but did not make reporting mandatory. If the proposed rule goes into effect, it would require companies to notify the FDA when they decide to label a food additive as GRAS. On Tuesday, a 120-day public comment period will begin.

What gets the GRAS label? Ingredients that companies identify as safe range from dry whole goat milk for baby formula to xanthan gum used in meats. GRAS substances, including those made outside the United States, are required to meet the same standards as other food additives under law, but companies conduct their own research, and may or may not disclose ingredients they deem safe. Health and Human Services Secretary Robert F. Kennedy Jr. said that has led to the FDA’s lack of knowledge on the number of ingredients in the U.S. food supply. “The food industry continues to develop novel compounds and chemical combinations that do not exist in nature,” he said.

Would the rule require companies to obtain FDA approval before bringing GRAS substances to the market? Acting Commissioner Diamantas told reporters that only with an act of Congress can the FDA require companies to do premarket testing on GRAS substances. Several bills have been introduced in the last year, but none have been voted out of committee so far.

What about ultra-processed foods? HHS and the Department of Agriculture are still working on a federal definition of ultra-processed foods to guide research and policies. They have not yet published their proposed definition.

Dig deeper: Listen to Mary Reichard’s report on changes to federal nutrition guidelines.