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

U.S. Senator Roger Marshall, R-KS, introduced the Better Food Disclosure Act (The Better FDA), legislation aimed at reforming 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 notifying the FDA.

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

This legislation is a response to numerous state efforts to strengthen national 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 request that the FDA review the safety of ingredients currently in the food supply, such as food colors, additives, and other food substances not declared to the federal government.

“For too long, the FDA has failed to regulate our food industry to the standards that the American people expect and deserve,” Marshall said. “The Better Food Disclosure Act is another big step forward in 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 food companies and Washington accountable. If food truly is medicine, then it’s time to treat it with the urgency and seriousness it deserves.”

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

“We share Senator 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 of government affairs for 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 an effective food chemical safety system that prevents the addition of harmful substances such as carcinogens and reproductive toxicants to food. »

“Consumers deserve a safety system with rigorous data requirements so we can have confidence in the foods 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 lack of authorization, Fabeer added. “And consumers expect regular re-evaluation of chemicals of concern, as well as the resources to ensure the FDA can do the job. The FDA’s mandatory notice 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 nonpartisan, nonprofit organization that has worked on health and environmental issues since 1993. The EWG’s concern is that the Marshall Bill falls short of what is needed to fill the regulatory gap that allows food ingredients to be placed on the market that have not been adequately examined.

The Better FDA Act comes as the agency has cut its staff by about 19 percent and is providing no new funding, according to EWG. Nonetheless, sponsors remain enthusiastic about the bill, saying:

• 108 bills across 17 states were introduced in state legislatures during the 2025 session regarding ingredients, SNAP, nutrition education, ultra-processed foods, and physical activity in schools.
• Seven bills were passed in five states: Arkansas, Louisiana, Texas, Utah and West Virginia.
• The Senate bill aims 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 table is safe and meets the highest standards, and more transparency is essential and an important part of that. Our Better Food Disclosure Act strengthens FDA oversight and transparency around ingredients in everyday products, helping families make informed decisions to protect themselves and their families. I am 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 much-needed new level of transparency to consumers. An important 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 our country move 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 standing up to Big Food. We are 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 industry has been free to add industrial additives to products without public notice or oversight. Closing this ‘GRAS loophole’ is essential to ensure Americans know what’s in our food, and why, and to begin eliminating the most questionable compounds,” said Dr. Mozaffarian, MD, DrPH, director of the Food is Medicine Institute.

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

CSPI says the Better FDA bill is “like a lobster trap: chemicals slip in easily by default, but a ton of process is required to ban them, ensuring that an exhausted FDA will have difficulty taking effective action. This bill does not constitute meaningful chemical safety reform. It is a trap to kill a chemical safety movement.”

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