Better FDA Act offers ingredient oversight, but it might work ‘like a lobster trap’

U.S. Sen. Roger Marshall, R-KS, has introduced The Better Food Disclosure Act (The Better FDA), a to reform the “Generally Recognized as Safe” or “GRAS” practice by which the Food and Drug Administration (FDA) currently allows food companies to self-certify the safety of new food ingredients and introduce them into commerce without publishing their assessments or informing FDA.  

The legislation to increase FDA oversight of ingredient disclosures and reviews would require food companies to report the ingredients they use in their food supply to the agency.

The legislation is a response to numerous state-led efforts to strengthen the nation’s food safety standards. The Marshall bill also seeks to improve the FDA’s post-market review process by allowing state government officials and other concerned Americans to petition the FDA to review the safety of ingredients currently in the food supply, such as food dyes, additives and other food substances not reported to the federal government.

“For too long, the FDA has failed to regulate our food industry to the standard that the American people expect and deserve,” said Marshall. “The Better Food Disclosure Act is another big step towards Making America Healthy Again. While we remain committed to working with everyone to establish a strong national standard for ingredient safety, we cannot ignore the reality that our current federal oversight is inadequate — and states have stepped up to hold both food companies and Washington accountable. If food truly is medicine, then it’s time we treat it with the urgency and seriousness it deserves.”

The bill, cosponsored by Senators Rick Scott, R-FL, and Katie Britt, R-AL, brought an immediate response from two of the nation’s consumer and environmental groups.

“We share Sen. Marshall’s diagnosis of the problem – that the FDA has failed for decades to protect us from dangerous food chemicals like potassium bromate, titanium dioxide, PFAS, BPA, and other harmful toxins,” said Scott Faber, senior vice president for government affairs at the Environmental Working Group. “We respectfully disagree with his prescription.”

“Consumers and the FDA need more than a list of substances that food and chemical companies have deemed safe,” Faber continued. “Consumers  deserve a food chemical safety system with teeth that prevents harmful substances like carcinogens and reproductive toxicants from being added to food.”

“Consumers deserve a safety system with rigorous data requirements so we can be confident about the food we eat and feed our families every day. Consumers expect the FDA to be in the driver’s seat when it comes to safety decisions, not to default to authorization, Fabeer added. “And consumers expect regular reassessment of chemicals of concern, along with the resources to ensure the FDA can get the job done. Mandatory notice to the FDA is a step in the right direction, but it’s not enough to fix our broken food system.

The Environmental Working Group (EWG) is a nonprofit, non-partisan organization that has worked on health and environmental issues since 1993.  EWG’s concern is that the Marshall bill falls short of what is needed to close the regulatory gap that allows food ingredients onto the market that have not been sufficiently reviewed.

The Better FDA Act comes as the agency has cut staff by about 19 percent and provides no new funding, according to EWG. Nevertheless, sponsors remain enthusiastic about the bill, claiming:

• 108 bills across 17 states have been introduced in state legislatures during the 2025 session concerning ingredients, SNAP, nutrition education, ultra-processed foods, and physical activity in schools.
• Seven bills have been enacted in 5 states: Arkansas, Louisiana, Texas, Utah and West Virginia.
• The Senate bill seeks to close the “GRAS Loophole” that many food safety professionals and government officials have long advocated for.

Senator Rick Scott said, “Americans deserve to know that the food they put on their tables is safe and held to the highest standards, and more transparency is key and an important part of that. Our Better Food Disclosure Act strengthens FDA oversight and transparency about ingredients in everyday products, helping families make informed decisions to protect themselves and their families. I’m proud to join Senator Marshall in this effort as we work with President Trump and Secretary Kennedy to Make America Healthy Again.”

“The Better FDA Act brings a new and much-needed level of transparency to consumers. A significant part of the Make America Healthy Again movement is empowering Americans to know what’s in their food. This legislation helps lift the veil on hidden ingredients, establishes a stronger GRAS process, and helps moves our country toward healthier, longer lives,” said Senator Britt.

Leaders of the Make America Healthy Again (MAHA) movement also endorsed the Better FDA Act.

“It’s inspiring to see members of Congress stand up to Big Food. We’re entering a new era in which the health of families comes before corporate profits,” said Vani Hari, Founder of Food Babe and Truvani.

“For too long, the food sector has been free to add industrial additives to products without public notice or oversight. Closing this ‘GRAS loophole’ is critical to ensure that Americans know what’s in our food, and why, and to start to eliminate the most dubious compounds,” said Dr. Mozaffarian, MD, DrPH, Director of Food is Medicine Institute.

Others, like the Center for Science in the Public Interest (CSPI), are not convinced, calling the proposed Better FDA Act a trap.

CSPI says the Better FDA bill is “like a lobster trap: Chemicals slide in easily by default, but a ton of process is needed to ban them, ensuring an exhausted FDA will struggle to take effective action. This bill is not meaningful chemical safety reform. It’s a trap to kill a chemical safety movement. “

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Source: https://www.foodsafetynews.com/2025/11/better-fda-act-offers-ingredient-oversight-but-it-might-work-like-a-lobster-trap/