RFK Jr. to take on the FDA's GRAS loophole, which has allowed corporations to poison America's food supply for decades
By ljdevon // 2025-03-12
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• The FDA allows food companies to self-certify ingredients as “generally recognized as safe” (GRAS) without oversight or transparency. • Over 950 substances banned in Europe are permitted in U.S. foods, including chemicals linked to cancer and other health risks. • New HHS Secretary Robert F. Kennedy Jr. takes bold action to close the GRAS loophole, aiming to restore integrity to the FDA and protect public health. For decades, the U.S. Food and Drug Administration (FDA) has operated as a rubber stamp for the food and pharmaceutical industries, allowing corporations to flood the market with untested, potentially harmful chemicals. Under the GRAS loophole, food companies can unilaterally decide that their ingredients are safe, bypassing FDA scrutiny and leaving consumers in the dark. This regulatory failure has led to the widespread use of over 950 substances in American foods that are banned in Europe, including titanium dioxide and potassium bromate—chemicals linked to cancer, chromosomal damage, and other serious health risks. Now, under the leadership of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., the FDA is being forced to confront its complicity in this systemic betrayal of public trust. On Monday, Kennedy directed the FDA to close the GRAS loophole, a move that could finally bring transparency and accountability to the food industry.

The GRAS loophole: a license to poison

The GRAS loophole dates back to 1958, when Congress mandated that food additives must be proven safe before being approved for use. However, an exception was carved out for substances “generally recognized as safe” by experts—a category originally intended for innocuous ingredients like salt and vinegar. Over time, this exception became a gaping loophole, allowing corporations to self-certify thousands of chemicals as safe without notifying the FDA or providing scientific evidence. “The loophole swallowed the law,” said Thomas Neltner, co-author of a 2014 Natural Resources Defense Council report on the GRAS system. “Companies can unilaterally decide that their ingredients are safe and use them without asking the FDA for permission or even informing the agency.” This self-regulation has created a food supply riddled with untested chemicals. For example, titanium dioxide, a whitening agent found in over 1,900 products, including candies, was deemed unsafe by the European Union in 2021 due to concerns about chromosomal damage. Similarly, potassium bromate, a dough conditioner banned in the EU, Canada, and India, is still used in over 200 U.S. products, including bread and bagels.

Kennedy’s bold move to restore accountability

Robert F. Kennedy Jr., a longtime critic of the FDA’s cozy relationship with industry, has made closing the GRAS loophole a top priority. In a statement on X, Kennedy declared, “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’s directive to the FDA marks a turning point in the fight for food safety. By eliminating the self-affirmed GRAS pathway, the FDA will no longer allow companies to bypass premarket safety reviews. This move could pave the way for stricter oversight of food additives and greater transparency for consumers. Jaydee Hanson, policy director for the Center for Food Safety, applauded Kennedy’s action, calling the GRAS system “a travesty” and “literally the fox guarding the hen house.” Hanson added, “This would be like a firm always doing its own audit, never doing an independent audit. It’s time for this to be fixed.”

The hidden dangers of ultra processed foods

The GRAS loophole has enabled the proliferation of ultra processed foods, which now make up 73% of the U.S. food supply. These products are loaded with artificial flavors, colors, and preservatives designed to extend shelf life, reduce costs, and manipulate consumer appetites. Sen. Bernie Sanders (I-Vt.) and Robert F. Kennedy Jr. have both warned that these foods are “deliberately designed to be addictive,” contributing to an epidemic of obesity and chronic disease. Dr. Marty Makary, President Donald Trump’s nominee to lead the FDA, echoed these concerns at his confirmation hearing, stating that some ingredients cause chronic inflammation and are “drugging our nation’s children at scale.” Kennedy’s directive is a critical first step in restoring the FDA to its original purpose: protecting public health. By closing the GRAS loophole, the FDA can begin to rebuild trust with consumers and ensure that the food supply is free from artificial dyes, brain damaging artificial sweeteners, sodium nitrite, and other harmful, carcinogenic chemicals. However, the fight is far from over. The food industry’s immense political power and decades of lobbying have created a system that prioritizes profit over safety. As Ashka Naik of Corporate Accountability noted, “GRAS didn’t just happen. Decades of lobbying and behind-the-curtain manipulation by the industry have gone into making the American food system this unhealthy, and even fatal, for so many.” For now, Kennedy’s leadership offers a glimmer of hope. By taking on the GRAS loophole, he is challenging the status quo and demanding accountability from an agency that has long served as a front group for corporate interests. Sources include: ChildrensHealthDefense.org ChildrensHealthDefense.org FDA.gov
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