Lawmakers in Congress have decided not to address the increasing number of state bans on additives and dyes in a highly anticipated bill introduced recently, dealing a blow to the food industry.
The Better Food Disclosure Act, proposed by Sen. Roger Marshall, aims to challenge provisions that allow the food industry to determine whether new ingredients are safe for consumption through self-affirmation, known as Generally Recognized as Safe. This designation has faced criticism from Health Secretary Robert F. Kennedy Jr. and the “Make America Healthy Again” movement.
Initially, the bill included a section that would have prevented states from enforcing their own ingredient regulations. However, this section was removed after Marshall faced opposition from the MAHA community, as reported by the New York Times.
Many states have implemented bans on additives and ingredients, creating a complex landscape for the food industry to navigate. Some states, such as West Virginia, have completely banned foods with specific ingredients, while others have opted for mandatory warning labels.
In response to these state actions, the food industry has mobilized through a lobbying group called Americans for Ingredient Transparency, advocating for unified federal regulation. Marshall stated that his bill was a response to the “great state-led efforts to enhance our Nation’s food safety standards.”
Marshall’s bill seeks to modify the GRAS approval process by requiring companies to submit notices of new chemical uses to the FDA, a previously optional step. However, the bill still allows companies to gain automatic approval for new ingredients if the FDA does not provide feedback within 180 days, maintaining the criticized loophole.
The Center for Science in the Public Interest, a prominent critic of the GRAS loophole, highlighted that Marshall’s bill makes it more challenging for the FDA to eliminate unsafe chemicals by mandating the agency to issue new regulations before removing an ingredient from the list.
“The bill creates a situation where chemicals can easily enter but face significant hurdles for banning, putting strain on an already burdened FDA to take effective action,” stated Sarah Sorscher, CSPI’s Director of Regulatory Affairs. “This bill does not represent meaningful chemical safety reform.”