U.S. Health and Human Services Secretary Robert F. Kennedy Jr. unveiled a landmark food policy plan on Monday, August 10, 2026, aimed at closing a decades-old regulatory loophole that lets food companies introduce chemical additives without notifying federal regulators.
The announcement from the nation’s capital marks a significant escalation in the federal government’s efforts to reform oversight of the American food supply. Alongside the U.S. Department of Agriculture, health officials submitted for final review the government’s first proposed definition of ultra-processed foods while issuing a rule that would transform how safety determinations are handled across the industry.
Overhauling the 1958 GRAS Loophole
Established by Congress in 1958, the original framework allowed manufacturers to bypass traditional pre-market review for common ingredients like vinegar, flour, baking soda, or standard spices. Over the decades, however, companies have used the exemption to self-certify new chemical additives without alerting regulators.
Health Secretary Robert F. Kennedy Jr. argued that the self-certification process left federal watchdogs in the dark as new substances entered the American diet. During an event at the Department of Health and Human Services, Kennedy pulled no punches regarding how the exemption has been utilized.
“Industry hijacked the loophole and drove a convoy of chemical trucks through it straight into the American food supply. The FDA was left with a major blindspot.”
Robert F. Kennedy Jr., HHS Secretary
Under the newly proposed framework from the Food and Drug Administration, manufacturers would be required to notify the agency whenever they make a GRAS designation for human or animal food. Acting FDA Commissioner Kyle Diamantas noted that the shift from a voluntary program to a mandatory notification system would close a decades-old information gap.
Establishing the First Federal Definition of Ultra-Processed Foods
In tandem with the GRAS changes, HHS and the USDA advanced the federal government’s first standardized definition for ultra-processed foods. Officials pointed to public health figures to justify the intervention, noting that nearly 60% of the American diet consists of ultra-processed foods, while childhood obesity now impacts more than one in five American children.
“We cannot reverse America’s chronic disease epidemic without transforming our food system. These historic actions bring greater transparency to what’s in our food and stronger science to federal nutrition policy. President Trump and I promised to Make America Healthy Again, and today we are turning that promise into policy.”
Robert F. Kennedy Jr., HHS Secretary
While the administration champions the move as a cornerstone of the Make America Healthy Again agenda, internal friction has accompanied the process. It has been reported that the USDA expressed concerns that the proposed definition could be overly broad and inadvertently classify too many food items as ultra-processed.
Industry and Advocacy Reactions to the Proposed Rules
Food industry representatives and safety advocates have offered mixed assessments of the administration’s blueprint. The Consumer Brands Association, speaking through the Americans for Ingredient Transparency coalition, urged lawmakers to pursue bipartisan legislation.
“AFIT supports meaningful, science-based modernization of the GRAS program and efforts to strengthen consumer confidence in the safety and transparency of our food supply. The most durable way to achieve those goals is through bipartisan Congressional action that establishes a transparent, nationally uniform framework for food ingredient oversight.”
Patrice Onwuk, Senior Adviser to Americans for Ingredient Transparency
Other industry voices cautioned that the current proposal remains limited. Todd Harrison, a food and drug attorney at Venable, pointed out that the plan relies entirely on notification rather than new enforcement mechanisms, leaving companies with little incentive to alter existing practices without further congressional mandates. Similarly, Melanie Benesh of the Environmental Working Group noted that while mandatory notification marks a positive first step, true reform requires independent safety reviews before chemical additives reach consumers.
Regulatory Limits and the Path Forward in Congress
During a briefing with reporters, Acting FDA Commissioner Diamantas acknowledged the statutory boundaries governing the agency’s authority. He clarified that the proposed notification system does not establish a pre-market review program, meaning companies can still utilize the market during the notification window.
Because the executive branch’s current powers are restricted to notification rather than absolute pre-market approval, administration officials are actively collaborating with lawmakers on Capitol Hill. Both Kennedy and Diamantas have called on Congress to pass supplementary legislation that would provide the agency with additional tools to keep pace with an evolving food supply, signaling that the debate over chemical oversight will ultimately shift to a legislative battleground.
