The FDA recently reorganized Human Foods Program has made the reassessment of chemicals in the food supply one of its key priorities moving forward. The emphasis on chemicals follows recent state laws that ban certain food additives, in part because some states have perceived the FDA as slow to reassess chemicals once new science emerges. The Agency held a public meeting on September 25, 2024 to discuss its proposed Enhanced Systematic Process for the FDA’s Post-Market Assessment of Chemicals in Food, which it outlined in a Discussion Paper published in August (“Discussion Paper”).
The FDA already engages in some post-market regulation of food additives, but it is reactive, limited, disjointed, and often does not allow for stakeholder engagement. Director of the Office of Food Additive Safety, Kristi Muldoon Jacobs, said there are currently only three circumstances when FDA examines a food additive already in the market—if a petition is submitted to FDA, in response to great public interest or inquiry, or it may be initiated by FDA experts who monitor literature or participate in public meetings.
In his opening remarks, Jim Jones, Deputy Commissioner for Human Foods, cited the increasing number of state laws on food additives as a source of pressure for the Agency rework its approach to food additive regulation. He noted that while the states are well within their rights to pass these laws, national uniformity would facilitate industry compliance and consumer confidence in food supply safety.
The stated goals are for the new process to be predictable yet flexible, transparent with opportunities for stakeholder participation, scientifically driven, and focused on public health.
