FDA Proposes Expanding Loophole Allowing Toxic Chemicals in Food

The US Food and Drug Administration (FDA) is advancing a controversial proposal to expand a regulatory loophole that would allow toxic chemicals to be added directly to food without prior safety testing, according to a report by the British newspaper The Guardian.

This involves an expansion of an exemption known as the "Threshold of Regulation" (TOR), which currently permits the use of hazardous compounds in packaging and processing materials at levels below 0.5 parts per billion, provided they are not carcinogenic. Under the new proposal, companies could use these chemicals as ingredients added directly to ultra-processed foods, including flavorings, preservatives, and stabilizers.

Public Health Concerns and Scientific Criticism

Public health experts and activists warn that many chemicals are considered dangerous even at levels far below the approved threshold, potentially causing brain damage and reproductive system harm. Maricel Maffini, an independent food consultant, dismissed the FDA's position that small quantities are unproblematic, stating that this approach lacks scientific support entirely. Maria Doa of the Environmental Defense Fund (EDF) also criticized the move, adding that authorities are merely expanding an existing loophole instead of making the food safer as they claim.

Critics warn that the new rule completely ignores cumulative effects, as daily consumption of small portions from various toxic substances could result in severe harm. The move also creates a secondary loophole allowing the presence of carcinogens if they arise solely as byproducts or incidental contamination. The FDA declined to respond to the allegations arising from the investigation, but noted in the proposal document that any substance used will be exempted from regulation as long as there is no significant risk to human health.

The Case of Rocket Fuel in Breakfast Cereal

Critics point to a past case involving perchlorate, a chemical used inter alia as rocket fuel, as a case study illustrating the dangers of the exemption. In 2005, the chemical giant BASF exploited the TOR loophole to use perchlorate in grain storage bags, resulting in the chemical and plastic particles shedding directly into the food due to loading and unloading. Official FDA data published in 2017 revealed a significant increase in the presence of the hazardous substance in children's breakfast cereals following the exemption.

Exposure to even very low levels of perchlorate impairs the thyroid gland's ability to produce the T4 hormone required for brain development, and has even been linked to lower IQ scores in children. Despite these alarming data, the FDA re-approved the use of the substance just half a year after the results were published. Tom Neltner, a former senior scientist at EDF, severely criticized the authorities and claimed they approved the exemption out of complete blindness to the damage caused by endocrine disruptors.