RFK Jr. moves to close self-affirmed GRAS “loophole,” while USDA slashes school meal funding

Robert F. Kennedy Jr. has directed the US FDA to explore how to eliminate self-affirmed Substances Generally Recognized as Safe (GRAS). At the same time, the US Agriculture Department has cut US$1 billion in funding to programs aiding schools and food banks.

The GRAS allowance has enabled companies to claim that the food ingredients are safe based only on in-house assessments. 

“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 US food supply without notification to the FDA or the public,” says the Secretary of Health and Human Services.

“Eliminating this loophole will provide transparency to consumers, help get our nation’s food supply back on track by ensuring that ingredients being introduced into foods are safe, and ultimately Make America Healthy Again.”

Kennedy’s influence on public health came under fire recently as the Center for Science in the Public Interest (CSPI) expressed concerns about the Secretary’s potential influence if the Trump-nominated Dr. Marty Makary is appointed the FDA commissioner.

EWG reacts to HHS plan

Scott Faber, the Environmental Working Group’s SVP for government affairs, says that the HHS announcement still means that chemical companies must inform the FDA when they determine that food chemicals are safe. However, this does not guarantee FDA review or actual safety.

Kennedy believes eliminating GRAS will provide transparency to consumers and help get the food supply back on track.“The fact that chemical companies can conclude a chemical is safe to eat and then bring it onto the market without first notifying the FDA shows just how broken our food chemical safety system has become.”

“Simply pledging to ‘take steps to explore’ changing a system that has been broken for more than 60 years is not the change consumers rightly expect. Until the FDA takes real action to put itself in charge of food chemical safety, this announcement is best seen as a ‘plan to plan,’ not real progress toward ensuring our food is safe.”

He believes that the real “danger” consumers face is not new chemicals but those that have been used in foods for many decades without being reviewed by the FDA.

Greater transparency goals 

Kennedy believes removing self-affirmed GRAS substances would bring greater transparency to consumers. He also notes the industry can self-affirm without notifying the FDA since it is optional for manufacturers to submit these notices to the agency.

HHS is now investigating legislation to close the GRAS loophole in collaboration with Congress.

“The FDA is committed to further safeguarding the food supply by ensuring the appropriate review of ingredients and substances that come into contact with food,” comments acting FDA commissioner Sara Brenner, MD, MPH.

“The FDA will continue to follow our authorities and leverage our resources to protect consumers’ health to ensure that food is a vehicle for wellness.”

Over 1,000 GRAS notices have passed through the FDA, with around 75 notices evaluated yearly. They are publicly published, and supporting data is available for download.

Aid to school meal programs is being cut as they “no longer effectuate the goals of the agency.”In other news, Kennedy is calling on major food brands to remove artificial dyes before the end of his term after a meeting this Monday.

School meal funding cut 

Reuters sources confirmed the US$1 billion government funding cut to programs aiding school meal programs and food banks.

The nonprofit School Nutrition Association anticipates a loss of US$660 million, which will significantly limit student access to healthy meals. 

Over 1,800 organizations across US states have been urging the House and Senate to protect the Supplemental Nutrition Assistance Program (SNAP) and child nutrition programs from cuts. 

“With research showing school meals are the healthiest meals Americans eat, Congress needs to invest in underfunded school meal programs rather than cut services critical to student achievement and health,” says SNA president Shannon Gleave, RDN, SNS. 

“These proposals would cause millions of children to lose access to free school meals at a time when working families are struggling with rising food costs. Meanwhile, short-staffed school nutrition teams, striving to improve menus and expand scratch cooking, would be saddled with time-consuming and costly paperwork created by new government inefficiencies.”

Reuters shared a USDA email that said the aid is no longer available, and those agreements will be terminated following 60-day notification because it believes the programs “no longer effectuate the goals of the agency.”

The CSPI previously told Nutrition Insight millions of people will probably turn to food banks and pantries, which cannot handle the demand, as seen during COVID-19. The funding cut makes it harder for consumers to access affordable and healthy foods if SNAP funding is slashed.