Laws, Loopholes, and Change
Laws and legislation sounds like a boring topic but it has a major impact on what goes into our food system. You may have heard or seen headlines in the last few months mentioning food dyes, the FDA, big food company pledges, and bills being past in various states. Let’s talk about how different chemicals, additives, and other ingredients are allowed into our food system.
Establishing Standards
In 1958, Congress passed the Food Additives Amendment. This came at a time when there was growing public concern about harm from chemicals being added into processed foods.
This amendment established the definition of “food additive” (something added with the intention of becoming part of or affecting characteristics of a food). It also established the addition of food substances that are Generally Recognized as Safe or GRAS.
The “Magic” of GRAS
The original idea with classifying substances as GRAS was to allow ingredients like vinegar, sugar, and baking soda, substances used for a long time and known to be safe, to be approved for use in processed foods without industry having to prove that they are safe and getting approval by the FDA.
Unfortunately, the GRAS process has become a major loophole to allow the food industry to add new chemicals to processed foods without the FDA having to approve the substance before it goes out to the public.
For a substance to be classified as GRAS, there has to be general consensus among “experts” that a substance is safe. These experts can be employed or hired by the food company. The food company can then volunteer to notify the FDA that they have determined a substance to be GRAS.
Petition for Additives
To be approved as a food additive or color additive, a petition to the FDA must be filed with supporting scientific data. “Fun” fact, the data does not have to include any safety or efficacy studies conducted on humans. The FDA reviews the information and any public comments made and then makes a decision on approval or not. Additives must be approved before going into the food supply.
More GRAS than Additives
So why care whether an ingredient is considered additive or GRAS? Well according to the Environmental Working Group (EWG), between 2000 and 2021, 766 new substances were added to the food supply with 756 being classified as GRAS (that we know of). That leaves only 10 substances petitioned to the FDA to be additives. Is it possible over 700 substances over 11 years can have a scientific consensus that they are safe for human consumption?? Maybe. Maybe not. This is what we need to be aware of and ask questions about.
The Good News
Change is starting to happen. States are starting to stand up to the food industry and pass bills to block certain additives and GRAS substances that have scientific data that they may being harmful to human health. EWG has a great site that is tracking the activity of various bills in different states.
The Department of Health and Human Services Secretary has directed the FDA to “explore rulemaking” to close up some of the loopholes for how companies determine substances are GRAS. This is at least a step in the right direction.
Big Food is starting to make pledges or promises to remove harmful substances. General Mills, Kraft Heinz, WK Kellogg Co, The Campbell’s Company, PepsiCo, and Utz have pledged to remove all artificial dyes by 2027. Walmart just announced they will remove artificial dyes and 30 other additives by 2027. Time will tell if they stay true to these promises because remember, they aren’t doing this because the law requires it. We, the public, have to make sure to hold them accountable.
Your Power
What can you do?
Read the ingredient list on nutrition labels. If there’s more than 5 ingredients or you don’t know what some of the things are (or can’t pronounce them), then it’s probably something that you don’t need to put in your body.
Remember what some of these major corporations have pledged and keep your ears and eyes open to see if they fulfill their promises.
Use your money at the grocery store to show what kind of food you value and buy.