FDA Proposes Expanding Loophole for Toxic Chemicals in Food

The FDA is considering a rule that would allow certain toxic chemicals to be added directly to food without a safety review. The ‘threshold of regulation’ (TOR) exemption currently permits some dangerous compounds in food contact materials if they are not carcinogenic and are present at levels below 0.5 parts per billion. Campaigners argue that many chemicals, including hormone disruptors, are harmful at much lower levels. The proposed expansion would allow these chemicals to be used as ingredients in food, such as flavorings, preservatives, and processing aids. Public health advocates warn that the rule is based on flawed science and will permit alarming levels of toxic chemicals in grocery store products. The FDA claims the rule ensures no appreciable risk to human health, but critics say the definition of ‘appreciable risk’ is flawed and does not account for cumulative effects or non-carcinogenic harms. The rule also creates a loophole for carcinogens if they are created as impurities. Consumers will have no way of knowing if a product contains TOR-exempted chemicals. The proposed rule comes after the FDA and Robert F Kennedy Jr claimed to have closed a different controversial loophole called ‘generally regarded as safe’ (Gras), but advocates accuse Kennedy of deception, as the new Gras rule includes the TOR expansion. The FDA did not respond to requests for comment.