WASHINGTON, DC — The U.S. Department of Health and Human Services (HHS) announced a new proposed a rule today that would require manufacturers to notify the U.S. Food and Drug Administration (FDA) when they determine a new food substance is Generally Recognized as Safe (GRAS) — though manufacturers would still self-determine that safety conclusion themselves. Substances introduced into the market before the regulations go into effect, would be eligible for a separate, time-limited streamlined submission pathway.
Brian Ronholm, Director of Food Policy at Consumer Reports, said:
“Considering the out-of-control, self-regulatory system we currently have for food ingredients, it’s disappointing that today’s announcement lacks substance and doesn’t propose anything meaningful. Given the lack of any real enforcement under the proposed rule for failing to submit a GRAS notice, combined with the fact that it would not apply to chemicals already in our foods, it risks maintaining the status quo that allows secret ingredients and chemicals to remain on the market without FDA review.
“The absence of a meaningful proposed rule demonstrates how budget cuts and years of underfunding have created a system where we may never fully know all the ingredients and chemicals in some of our foods. If the process for this proposed rule gets drawn out, it may be years before anything is implemented, if at all, so this should not preclude states from passing laws that protect consumers more quickly.”
Consumer Reports (CR) has called for closing the GRAS loophole in a recent petition with Yuka, which urges the FDA to end the practice of allowing companies to introduce new food additives without notifying the agency or undergoing federal safety review. A CR and Yuka investigation from June 2026 found many popular snack foods—including Flamin’ Hot Cheetos, Hostess Donettes, and Jell-O pudding—contain additive levels that may pose health risks over time.
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Media Contact: Emily Akpan, emily.akpan@consumer.org