Intel
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resolution agreement

Keeping Food Ingredients SafeCorrective action / RA

Resolution

Penalty

Corrective action / RA

Action type

Resolution agreement

Entity profile

Case number

What went wrong

Keeping Food Ingredients Safe

  • Navigate to: Press Room HHS Live Podcasts The Secretary Kennedy Podcast FOR IMMEDIATE RELEASE March 10, 2025 Contact: HHS Press Office 202-690-6343 Submit a Request for Comment HHS Secretary Kennedy Directs FDA to Explore Rulemaking to Eliminate Pathway for Companies to Self-Affirm Food Ingredients Are Safe The U.S. Department of Health and Human Services and the U.S. Food and Drug Administration

Full description

Navigate to: Press Room HHS Live Podcasts The Secretary Kennedy Podcast FOR IMMEDIATE RELEASE March 10, 2025 Contact: HHS Press Office 202-690-6343 Submit a Request for Comment HHS Secretary Kennedy Directs FDA to Explore Rulemaking to Eliminate Pathway for Companies to Self-Affirm Food Ingredients Are Safe The U.S. Department of Health and Human Services and the U.S. Food and Drug Administration are committed to promoting radical transparency to make sure all Americans know what is in their food.Today, as part of this commitment, HHS Secretary Robert F. Kennedy Jr. is directing the acting FDA commissioner to take steps to explore potential rulemaking to revise its Substances Generally Recognized as Safe (GRAS) Final Rule and related guidance to eliminate the self-affirmed GRAS pathway. This will enhance the FDA’s oversight of ingredients considered to be GRAS and bring transparency to American consumers.“For far too long, ingredient manufacturers and sponsors have exploited a loophole that has allowed new ingredients and chemicals, often with unknown safety data, to be introduced into the U.S. food supply without notification to the FDA or the public,” said Secretary Kennedy. “Eliminating this loophole will provide transparency to consumers, help get our nation’s food supply back on track by ensuring that ingredients being introduced into foods are safe, and ultimately Make America Healthy Again.” Currently, the FDA strongly encourages manufacturers to submit GRAS notices through the agency’s GRAS Notification Program, but industry can self-affirm that the use of a substance is GRAS without notifying the FDA. The FDA has completed and published more than 1,000 GRAS notices and evaluates an average of 75 notices per year. The agency maintains a public inventory where all GRAS notices that have been filed by the agency, along with the supporting data, and FDA’s final agency response letters are available for review and download by the public.Eliminating the self-affirmation process would require companies seeking to introduce new ingredients in foods to publicly notify the FDA of their intended use of such ingredients, along with underlying safety data, before they are introduced in the food supply.“The FDA is committed to further safeguarding the food supply by ensuring the appropriate review of ingredients and substances that come into contact with food,” said Acting FDA Commissioner Sara Brenner, M.D., M.P.H. “The FDA will continue to follow our authorities and leverage our resources to protect the health of consumers to ensure that food is a vehicle for wellness.”HHS also is committed to working with Congress to explore ways legislation can completely close the GRAS loophole. Such legislation, in tandem with potential future rulemaking, are crucial steps necessary to Make America Healthy Again. ### Note: All HHS press releases, fact sheets and other news materials are available in our Press Room.Like HHS on Facebook, follow HHS on X @HHSgov, @SecKennedy, and sign up for HHS Email Updates.Last revised: March 19, 2025 Submit a request for commentFor media inquiries, please submit a request for comment.Sign up to receive our press releasesSign Up Related Press Releases FDA Releases Results from Largest-Ever Testing of Infant Formula in the U.S. April 29, 2026 Press Release WTAS: FDA Approves First-Ever Gene Therapy for Treatment of Genetic Hearing Loss Under National Priority Voucher Program April 28, 2026 Press Release WTAS: FDA Approves Drug to Treat Neurologic Manifestations of Hunter Syndrome March 27, 2026 Press Release Content last reviewed March 19, 2025

Timeline

  • Resolution
  • Incident and investigation milestones are not consistently published by OCR in machine-readable form.

Key takeaways for your organization

  • Inventory endpoints and removable media; encrypt ePHI at rest where feasible and enforce secure disposal workflows.
  • Document permitted uses and disclosures; obtain valid authorizations before marketing or public-facing communications that include PHI.
  • Align policies, procedures, and evidence with the specific CFR provisions cited in OCR resolutions affecting your entity type.
  • Run tabletop exercises for breach response, OCR inquiry handling, and privilege-preserving communications with counsel.

Related actions

Source

U.S. Department of Health and Human Services release

Source: U.S. Department of Health and Human Services, Office for Civil Rights. medcomply.ai aggregates public materials for educational use — not legal advice.