By Evie Liu

West Virginia just banned most artificial food dyes and some preservatives, and many more states are considering similar moves.

The battle likely won't stop there as legislators and regulators focus on the potential risks of chemicals in the food supply. Robert F. Kennedy Jr. wants to overhaul a decades-old system that has allowed food companies to introduce new ingredients with little oversight as he seeks to "Make America Healthy Again."

For that to happen, the Food and Drug Administration, which Kennedy oversees as secretary of the Department of Health and Human Services, would need to change a system that it has relied on for decades. There will likely be pushback from the food industry. And Kennedy's plan could also conflict with President Donald Trump and Elon Musk's efforts to reduce government spending.

Under the Food Additives Amendment of 1958, all food additives must be approved by the FDA before they can be added to products that are sold to consumers. But legislators at the time created an exemption for substances that were "generally recognized as safe," or GRAS.

The rule was designed to avoid cumbersome approval processes for common foods, such as vinegar, baking soda, or pepper, that were clearly safe based on longtime use or widely accepted scientific agreement.

As food ingredients become increasingly complex, however, GRAS has become a loophole that allows the food industry to introduce new substances almost freely. Companies can hire experts and fund studies to declare a new ingredient is safe, and use it immediately under GRAS without government oversight or even notification.

Kennedy has long expressed concerns regarding the GRAS rule. Since becoming the head of Health & Human Services, he has directed officials to look for ways to eliminate the loophole. The shift would require companies to not only notify regulators of their intent to use new ingredients, but also submit comprehensive safety data for review.

Such measures will enhance transparency, ensure the safety of food additives, and restore consumer confidence, Kennedy said at a meeting last month with some of the nation's biggest food companies, including Kraft Heinz, General Mills, WK Kellogg, and J.M. Smucker.

"I can't really blame the food companies," Kennedy said in a recent video posted on social media. "They're just doing what we've allowed them to get away with in a system that's taken on a life of its own."

Kennedy also said he would step up assessments of chemicals already in use. Many chemicals, such as titanium dioxide for food whitening and propylparaben as a preservative, are prohibited in Europe and other international markets for health risks, but remain approved for use in food in the U.S.

Consumer advocates, public-health groups, and nutrition experts have for years pressed the FDA to overhaul GRAS. Still, the path to doing so isn't smooth.

Some legal experts have questioned whether the FDA has the statutory authority to eliminate the GRAS rule without congressional action. The agency would also need additional resources and personnel to handle the increased workload.

While the FDA's drug division sustains itself largely through fees pharmaceutical companies pay when applying for drug approval, its food division relies on federal funding. It has historically operated on a tight budget.

Obtaining more resources could be difficult as the Trump administration tries to slim down government operations. The Department of Government Efficiency, led by Elon Musk, has already implemented budgetary cuts for the FDA, leading to layoffs and the termination of leases on real estate the agency uses.

The approval process for new ingredients would also require food companies to invest significant time and resources. If the process is too cumbersome and lengthy -- given the lack of enforcement resources at the FDA -- it could delay or deter companies' innovations in food ingredients.

The food industry has defended many of the ingredients it uses, saying they help foods taste better, reduce spoilage, and keep costs affordable. The Consumer Brands Association, the trade group that represents major food companies, has said that fewer ingredients aren't always better.

"Different ingredients serve different functions, and many are intentionally added for nutritional and food safety purposes," the group wrote in a blog post last year.

CBA President Melissa Hockstad said in a statement this month that the food industry's conversation with Kennedy was constructive and that food companies look forward to continued engagement with the HHS to "support public health, build consumer trust and promote consumer choice."

Write to Evie Liu at evie.liu@barrons.com

This content was created by Barron's, which is operated by Dow Jones & Co. Barron's is published independently from Dow Jones Newswires and The Wall Street Journal.

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March 25, 2025 12:16 ET (16:16 GMT)

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