Unlikely alliance targets GRAS loophole in America's ultra-processed food crisis

By willowt // 2026-08-12

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Federal data confirms ultra-processed foods constitute 55% of the average American's daily caloric intake, with youth consuming nearly 62%.
A 1958 regulatory loophole, known as GRAS, allows companies to self-certify food additives without direct FDA approval.
HHS Secretary Robert F. Kennedy Jr. and former FDA Commissioner David Kessler have formed an unlikely alliance to challenge the food industry.
Kessler has petitioned to revoke GRAS status for refined carbohydrates, linking them to metabolic disease and chronic illness.
San Francisco has filed a landmark lawsuit against manufacturers, drawing parallels to the tobacco litigation of the 1990s.

A bipartisan push against a hidden ingredient loophole

In a convergence of political opposites, Health and Human Services Secretary Robert F. Kennedy Jr. and former FDA Commissioner David Kessler are jointly targeting a 67-year-old regulatory exemption that has allowed food manufacturers to flood the U.S. market with ultra-processed foods, which now comprise the majority of the American diet. The common culprit is the "Generally Recognized As Safe" (GRAS) designation, established in 1958, which permits companies to introduce ingredients without full government oversight. This issue has escalated from a dietary concern to a national public health crisis, as new federal data from the Centers for Disease Control and Prevention confirms that 55% of adult calories and nearly 62% of children's calories derive from these industrial formulations. The movement to reform the GRAS clause is gaining momentum, uniting former adversaries in a fight against a common enemy.

Kessler warns of metabolic havoc

Dr. David Kessler, who led the FDA during the 1990s’ crackdown on the tobacco industry, is now turning his investigative focus to the food sector, issuing stark warnings about the biological impact of these products. "Over the last 40 years, the United States has been exposed to something that our biology was never intended to handle," Kessler said. He argues that "energy-dense, highly palatable, rapidly absorbable" foods have altered human metabolism, driving unprecedented levels of Type 2 diabetes, hypertension and fatty liver disease. Kessler is petitioning the FDA to revoke the GRAS status for dozens of processed refined carbohydrates—including corn syrup solids and maltodextrin—unless manufacturers can prove their safety. His argument centers on the "metabolic havoc" caused by these ingredients, which target brain reward circuits and deprive consumers of satiety, leading to overeating and organ damage.

The GRAS loophole and the industrial food supply

The core issue stems from a 1997 FDA policy shift that created a voluntary notification system, effectively allowing companies to self-affirm ingredients as safe without notifying the agency. The Environmental Working Group found that 99% of the 766 food chemicals introduced between 2000 and 2021 avoided FDA scrutiny through this process. Secretary Kennedy has noted the stark disparity between the U.S. and Europe, where only 400 ingredients are legal, compared to an estimated 4,000 to 10,000 currently in the American supply. "This agency does not know how many ingredients there are in American food," Kennedy stated. The HHS secretary has issued new dietary guidelines advising against these products and intends to close the regulatory backdoor pending White House approval.

Government subsidies and the "war on diabetes"

Compounding the regulatory gaps are federal farm policies that actively subsidize the raw materials for ultra-processed foods. Food author Michael Pollan highlighted the paradox of taxpayer dollars funding commodity corn and soy—which are inedible in their raw state—to create cheap calories that fuel chronic disease. "We are supporting both sides in the war on Type 2 diabetes," Pollan said. By subsidizing high-fructose corn syrup and simultaneously paying for the healthcare costs of related illnesses, the government creates a systemic conflict of interest. This has led to legal action, with San Francisco City Attorney David Chiu filing a landmark lawsuit against 10 manufacturers, alleging they knowingly engineered addictive products while concealing health risks, similar to the playbook of big tobacco.

A call for transparency and legal precedent

While the Consumer Brands Association maintains that companies adhere to rigorous FDA safety standards and that there is no agreed-upon scientific definition for "ultra-processed," the push for reform appears to be gaining political traction. Kennedy has stated he will act on Kessler's petition. Kessler remains focused on the singular issue of nutrition, emphasizing that "this country is ill" and progress must be made. As Congress and state governments consider legislation like the Childhood Obesity Reduction Act, the historical precedent of the tobacco hearings looms large. Kessler envisions a similar reckoning for food executives to understand the consequences of their products.

The turning point

The convergence of federal data, high-profile legal action and bipartisan political pressure signals a potential turning point in how America views its food system. The statistics offer a glimmer of hope, showing a slight decrease in ultra-processed food consumption among adults over the past decade, suggesting that consumer awareness is slowly shifting the market. However, the fight against these nutritionally hollow calories is far from over, as the powerful lobbies of Big Ag and Big Food fight to maintain the status quo. The initiative now lies with a redefined FDA and a public seeking transparency, as the nation decides whether to rebuild its food paradigm on a foundation of health rather than convenience. Sources for this article include: ChildrensHealthDefense.org CBSNews.com CBSNews.com CDC.gov