Senator Markey Urges Stronger FDA Action to Protect Families from Toxic Food Chemicals

Boston (August 10, 2026) - Senator Edward J. Markey (D-Mass.), member of the Senate Health, Education, Labor, and Pensions (HELP) Committee and the Environment and Public Works Committee, today called on the Food and Drug Administration (FDA) to strengthen its proposed rule amending the "generally recognized as safe" (GRAS) loophole. The loophole allows food companies to add new chemicals to products without notifying the FDA or submitting the chemical for safety reviews. FDA's proposed rule, released today, would require companies to notify FDA of their use of new food additives, but fails to require the agency review those chemicals for potential risks to health and safety.

In July 2025, Senator Markey, along with Senator Cory Booker (D-N.J.), reintroduced the Ensuring Safe and Toxic-Free Foods Act, which requires the FDA to independently review food chemicals before they enter the market and prohibits the approval of substances with demonstrated carcinogenicity, reproductive toxicity, or developmental toxicity.

"The FDA is correct in its recognition that the GRAS rule is flawed and overdue for correction, but this proposed rule will not protect families from exposure to dangerous food chemicals," said Senator Markey. "In addition to mandatory notification of use outlined in this rule, the FDA should be using strong, science-based standards to independently review every chemical proposed for use in our food. The agency should also address the thousands of potential toxins already used that the GRAS loophole has rubberstamped since its creation."

When Congress created the GRAS loophole in 1958, it was meant to apply to ingredients widely recognized as safe, such as salt and yeast. However, since its creation, industry has exploited this loophole to add demonstrated toxins into commercial food products without any form of review by the FDA. As a result, thousands of new substances have been put onto the market with no assessment of the risks they may pose to our health and safety. Since 2000, nearly 99 percent of food chemicals added to commerce came into the market through the loophole.

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