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RFK Jr. to Tackle Ultra-Processed Foods Following FDA Petition

by Dr. Jennifer Chen

Health and Human Services Secretary Robert F. Kennedy Jr. Has signaled his intention to address concerns surrounding ultra-processed foods, announcing plans to act on a petition submitted by former Food and Drug Administration (FDA) Chief Dr. David Kessler. The announcement, made on on CBS’ “60 Minutes,” marks a potential turning point in the regulation of a food category linked to rising rates of obesity and malnutrition in the United States.

Kennedy stated, “We will act on David Kessler’s petition. And the questions that he’s asking are questions that FDA should’ve been asking a long, long time ago.” While the specifics of his response remain unclear, the commitment suggests a willingness to challenge the current system governing food safety and ingredient approval.

The GRAS Exemption and Industry Influence

At the heart of the issue lies the “Generally Recognized as Safe” (GRAS) exemption, a provision enacted by Congress in . This exemption allows food companies to independently determine the safety of ingredients without direct FDA oversight, provided those ingredients are deemed safe by qualified experts. However, Kennedy argues that this system has been exploited by the food industry, leading to the proliferation of ultra-processed foods containing ingredients that haven’t undergone rigorous government safety reviews.

According to Kennedy, the FDA currently lacks a comprehensive understanding of the ingredients present in American food products, with estimates ranging from to different ingredients. This lack of transparency, he contends, prevents consumers from making informed decisions about their health. “There is no way for any American to know if a product is safe if it is ultraprocessed,” Kennedy said.

The Consumer Brands Association, representing the food industry, defends the GRAS process, stating it “enables companies to ‘innovate to meet consumer demand’” and that companies adhere to “FDA’s science and risk-based evaluation of ingredients in the food supply before and after they are in the marketplace.”

What Defines Ultra-Processed Foods?

Ultra-processed foods now comprise approximately half of the average American’s diet. These foods are characterized by their extensive processing and often contain ingredients not traditionally used in home cooking, such as refined sugars, starches, and various additives. The concern isn’t necessarily with individual ingredients, but rather with the combination of these components and their potential impact on health.

Former FDA head Dr. David Kessler, who is collaborating with Kennedy on this initiative, has warned that human “biology was never intended to handle” ultraprocessed foods. This perspective highlights the potential for these foods to disrupt natural physiological processes and contribute to chronic diseases.

The Role of Farm Subsidies

Food author Michael Pollan points to longstanding federal farm subsidies as a key driver in the prevalence of ultra-processed foods. These subsidies primarily benefit corn and soybean farmers, leading to an abundance of commodity crops that are often used as ingredients in processed foods. Pollan emphasizes that the “corn” in these products is not the corn on the cob consumers typically associate with fresh produce, but rather a commodity crop used in a wide range of processed items.

Potential Regulatory Changes

The specific actions Kennedy intends to take in response to Kessler’s petition remain undisclosed. However, the petition reportedly focuses on challenging the use of refined carbohydrates in ultra-processed foods. By targeting core components of these foods, the FDA could potentially reshape the food landscape and encourage manufacturers to adopt healthier formulations.

The timing of Kennedy’s formal response is also uncertain. The announcement signals a commitment to action, but the details and timeline remain to be seen. The food industry is bracing for a potential battle, as these changes could significantly impact their operations and product offerings.

This development represents a significant moment in the ongoing debate about food regulation and public health. The outcome of this challenge could have far-reaching consequences for the American diet and the health of future generations. The focus on ultra-processed foods and the GRAS exemption reflects a growing awareness of the need for greater transparency and accountability in the food system.

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