Alerts - At the Counter

FDA’s Latest Announcement on Post-Market Assessment of Chemicals in Food

May 16, 2025

On May 15, 2025, HHS Secretary Robert F. Kennedy and FDA Commissioner Martin A. Makary announced plans to implement “a stronger, more systematic review process for food chemicals already on the market—especially those that concern consumers most.” 

This announcement is consistent with prior statements from Secretary Kennedy directing FDA to explore rulemaking to eliminate the pathway for companies to self-affirm ingredients as GRAS, encouraging food manufacturers to phase out petroleum-based dyes and approving new color additives derived from natural sources. 

This latest announcement briefly describes a post-market review program that seems to continue the work that the FDA started under the prior administration with its August 2024 proposal considering a new evidence-based scheme for post-market assessment of potentially harmful chemicals in food. The goal of that proposal was to significantly strengthen the existing post-market regulation of food additives — which is reactive, limited, disjointed and often does not allow for stakeholder engagement  — with a system that would be predictable yet flexible, transparent with opportunities for stakeholder participation, scientifically driven and focused on public health.

Next Steps

FDA will release a draft of this new “modernized, evidence-based prioritization scheme” and allow for public comment.

FDA also already maintains a public website listing Chemicals in the Food Supply Under FDA Review, which was last updated Jan. 15, 2025. The chemicals on the current list are: 

  • 3-Monochloropropane-1,2-diol (MCPD) esters and Glycidyl Esters (GE)
  • 4-MEI4-MethylimidazoleCAS Number 822-36-6
  • Arsenic
  • Authorized PFAS: Certain Short-Chain Per- and Polyfluoroalkyl Substances (PFAS) in food contact and paperboardOther names include: 6:2 fluorotelomer alcohol (6:2 FTOH)
  • Authorized PFAS: Uses of other Per- and Polyfluoroalkyl Substances (PFAS) in food contact applications
  • Bisphenol A (BPA)
  • Brominated Vegetable Oil (BVO)
  • Cadmium
  • FD&C Red No. 3
  • Fluorinated High-Density polyethylene (HDPE)
  • Irgafos 168 (Tris(2,4-di-tert-butylphenyl) phosphite)
  • Lead
  • Mercury
  • Mycotoxins (T-2 toxin, HT-2 toxin and zearalenone)
  • Partially Hydrogenated Oil (PHO)
  • Per- and Polyfluoroalkyl Substances (PFAS)
  • Phthalates. Other names include: ortho-phthalates, plasticizers, and components of adhesives, resins, lubricants, and sealants
  • Potassium Bromate
  • Propylparaben
  • Thallium
  • Titanium Dioxide

FDA has already taken some action to address some of these chemicals and it plans to keep this list updated as part of its efforts to prioritize transparency.

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