Statement on FDA’s delay of GRAS amendment proposal

Statement on FDA’s delay of GRAS amendment proposal Iris Myers July 9, 2026 WASHINGTON – The Food and Drug Administration’s plan to amend the “generally recognized as safe,” or GRAS, regulatory loophole for food chemicals is slipping to December. The agency originally planned to propose the amendment in October 2025. In December , it sent a draft rule to the White House Office of Management and Budget for pre-publication review, where it’s still pending. The administration then last week released its updated regulatory plan with timelines for upcoming agency rules, including the GRAS delay. GRAS is a loophole that for years has allowed companies to add new, potentially harmful chemicals and other substances to snacks, drinks and more without undergoing the FDA’s safety review. When Congress created the GRAS loophole, in 1958, the exemption was intended to apply largely to ingredients widely recognized as safe, such as salt, water, yeast and vinegar. But in the intervening years, GRAS has expanded to apply to much more. Since 2000, nearly 99% of food chemicals were introduced into the market as a result of the GRAS loophole, according to a 2025 analysis from the Environmental Working Group . This allows scores of food chemicals to be approved for use with little government oversight. The threat of preemption A draft House bill would, if enacted, further hobble the already broken food safety review process. The bill is known as the FDA Review and Evaluation for Safe, Healthy and Affordable Foods, or FRESH and Affordable Foods Act. It would gut rules on the information companies must provide the FDA when submitting a notice that a food chemical is GRAS. The following is a statement from Melanie Benesh , EWG vice president for government affairs: The federal government’s decision to push back its timeline for proposing changes to the broken GRAS system is yet another reminder that consumers cannot afford to wait for Washington to act. For years, the FDA has failed to adequately oversee food chemicals, leaving states to fill the void by passing commonsense protections against harmful food chemicals linked to serious health risks. A delay in this long-promised rulemaking only reinforces why states must continue leading the way. Congress should not respond by tying states’ hands. Lawmakers should reject misguided preemption proposals like the FRESH Act, which would strip states of their ability to protect families while weakening, not strengthening, federal oversight of food chemicals. The federal government is taking longer to close the GRAS loophole. But the last thing Congress should do is block the states that are already taking action. Americans deserve stronger protections from harmful food chemicals, not more delays and fewer safeguards. ### The Environmental Working Group (EWG) is a nonprofit, non-partisan organization that empowers people to live healthier lives in a healthier environment. Through research, advocacy and unique education tools, EWG drives consumer choice and civic action. Areas of Focus Food & Water Food Ultra-Processed Foods Toxic Chemicals Food Chemicals Press Contact Iris Myers [email protected] (202) 939-9126 July 9, 2026