Dr. David Kessler, the former commissioner of the US Food and Drug Administration (FDA), has launched a significant challenge to the current administration’s commitment to public health. On March 15, 2024, Kessler filed a petition advocating for a reassessment of the safety designation of certain ingredients commonly found in ultraprocessed foods. This move aims to reshape regulatory standards and enforce stricter safety measures on food products across the United States.
Kessler’s petition seeks to remove the “generally recognized as safe” (GRAS) designation for specific sweeteners, refined flours, and various additives, claiming that the FDA holds the authority to classify these ingredients as potentially harmful. If successful, this change would compel food manufacturers to either reformulate their products or substantiate the safety of these ingredients through rigorous evidence. The implications of this move could have profound impacts on the food industry, aligning closely with the Trump administration’s initiative to promote healthier eating under the slogan “Make America Healthy Again” (MAHA).
Numerous experts have responded positively to Kessler’s initiative. Marion Nestle, a prominent nutritionist and professor at New York University, described the petition as a crucial opportunity for the FDA to define ultraprocessed foods comprehensively. She noted that this request empowers Robert F. Kennedy Jr., the current Secretary of Health and Human Services, to regulate these products more effectively. Nestle emphasized, “It’s just what MAHA has asked for. I hope they take it seriously.”
Implications for Food Safety Regulations
Kessler proposes that food companies be given a 12-month window to submit petitions to retain their use of specific additives, which would then require them to prove the safety of these components. Michael Taylor, a former FDA food regulator and co-chair of the nonprofit organization STOP Foodborne Illness, praised the proposal, stating, “It’s a very appropriate, worthy step to shift the burden of proof where it belongs.”
The FDA is currently exploring how to define ultraprocessed foods, which is a necessary first step towards establishing new regulations. Kessler’s petition adds pressure to this timeline, as the agency must respond within 180 days.
Dr. Kessler, who served as FDA commissioner under Presidents Bill Clinton and George H.W. Bush, has a history of significant regulatory actions, including requiring nutrition labels and regulating tobacco products. He believes that finding the right regulatory framework is crucial for addressing the public health crisis linked to ultraprocessed foods.
Kessler’s petition specifically targets refined flour and starches, including wheat, corn, and potato flour, which are often converted into sugars through food processing. Furthermore, it calls for a reassessment of various sweeteners, including high-fructose corn syrup and corn syrup solids, which are prevalent in many processed foods.
Expert Opinions and Industry Response
Experts agree that addressing excessive sugar consumption is vital for improving public health. They assert that Kessler’s focus on food additives is particularly innovative. Christopher Gardner, director of nutrition studies at Stanford University, explained that additives are commonly used to enhance the flavor and appeal of inexpensive industrial foods. He pointed out that removing these additives could lead to less addictive and less palatable products, thereby reducing public consumption of unhealthy foods.
Nutrition researcher Dr. Walter Willett from the Harvard T.H. Chan School of Public Health commended Kessler’s proposal, arguing that it could fundamentally alter the landscape of food safety regulations. He highlighted that the GRAS standard, originally established in 1958, was intended to apply narrowly to common ingredients but has since been misused to justify the inclusion of many harmful additives in today’s food supply.
A 2022 analysis by the Environmental Working Group revealed that nearly 99% of new food chemicals introduced since 2000 were approved not by the FDA but by the food and chemical industries themselves. This raises critical questions about the adequacy of existing food safety measures.
Kessler’s petition may face significant challenges from major food brands that rely on ultraprocessed ingredients. As the Trump administration prepares to release its second MAHA report, which will outline proposed policy changes, the food industry’s response to Kessler’s initiative remains to be seen.
The upcoming report, due on June 2025, is expected to address chronic illnesses in children and could further influence regulatory changes in food policy.
Kessler’s approach marks a pivotal moment in the ongoing dialogue about food safety and public health, representing a bold step towards ensuring that the food supply is both safe and beneficial for consumers.
