Robert F. Kennedy Jr. targets loopholes in food safety rules

Robert F. Kennedy Jr. announced his first major initiative as the nation's top health official to address chemicals in the American food supply. He directed the Food and Drug Administration to explore new rules to close a decades-old regulatory gap allowing companies to add ingredients without government review.

Kennedy is targeting the "generally recognized as safe" (GRAS) provision that permits food manufacturers to self-certify certain ingredients without notifying federal regulators. The Department of Health and Human Services said a potential rule change would likely require companies to notify the FDA and submit safety data when adding new ingredients to food products.

The move represents an initial step in Kennedy's broader "Make America Healthy Again" agenda focused on addressing chronic disease and childhood illness. Kennedy has previously claimed food manufacturers have been allowed to "mass poison" American children and met with executives from major food companies, including Tyson Foods, General Mills, and Kraft Heinz, on the same day as the announcement.

Since 1958, the FDA has been responsible for evaluating the safety of new chemicals and substances in food before products reach consumers. However, an exception was created for substances widely considered safe, such as vinegar and spices. Food safety advocates argue companies have expanded this exception to include a variety of other ingredients.

"It is the lowest of low-hanging fruit," said Scott Faber, a senior vice president of the nonprofit Environmental Working Group, regarding the announcement. "But to be fair, this small step is one that no administration has previously taken."

Some products that entered the market through the GRAS exception have later raised safety concerns. One example cited by health officials is tara flour, which was used in a leek-and-lentil crumble that subsequently faced scrutiny over its safety profile.

The initiative received cautious support from the food industry. The Consumer Brands Association, a food industry trade group, called their conversation with Kennedy "constructive" while noting the GRAS "process plays an important role in enabling companies to innovate to meet consumer demand."

"As the administration looks to revise GRAS, we stand ready to work with agency experts on continued analysis of safe ingredients and increase consumer transparency," said Sarah Gallo, a senior vice president at the CBA, in a statement.

Food safety advocates have long criticized the FDA for the time it takes to reassess chemicals in food. In response to these concerns, the agency reorganized its foods program last year. This included establishing an office dedicated to reviewing food chemicals.

The announcement also earned praise from unexpected quarters. Peter Lurie, President of the Center for Science in the Public Interest and a former top FDA official during the Obama administration, called it "certainly a promising development." Lurie's organization had opposed Kennedy's nomination to lead HHS.

Robert M. Califf, who served as President Biden's FDA commissioner, also expressed support for the proposal. "It would be really good, but it would mean that the FDA would have to staff up to assess the data that would determine whether an ingredient is safe," Califf noted in a text message. "I am 100% in favor, but the budget impact would be significant."

The FDA may face additional resource challenges in implementing any new rules. Some probationary workers charged with regulating the nation's food supply were terminated and then reinstated amid President Donald Trump's efforts to reduce the federal workforce.

No timeline was provided for when the FDA might propose or finalize new rules. The regulatory process typically extends over years, beginning with the exploration phase Kennedy has now initiated, followed by proposal development, public comment periods, and eventually, implementation.

Kennedy's focus on food safety represents an area where he has found some common ground across political lines. During his confirmation hearings, some Democrats acknowledged alignment with Kennedy on the need to change how Americans eat, despite fierce opposition to his appointment based on his controversial views on vaccines.

Kennedy has repeatedly questioned vaccine safety and falsely linked vaccines to autism. He has stated he is not "anti-vaccine" despite founding a prominent anti-vaccine organization.

The effort to close the GRAS loophole suggests Kennedy may focus initially on areas with broader support while navigating more controversial aspects of his health agenda. By targeting what many view as a regulatory gap in food safety oversight, Kennedy appears to be prioritizing issues with potential bipartisan appeal.

Industry observers note any substantive changes to food ingredient regulation would require sustained commitment through a lengthy rulemaking process. While the announcement signaled a direction, food safety advocates cautioned HHS was simply announcing what Faber characterized as a "plan to plan."