“FDA may allow some toxic chemicals to be added to food without safety review. Experts are alarmed”
What actually happened
FDA's proposed GRAS rule, filed quietly to the Federal Register alongside a public "promises kept" announcement about closing the GRAS self-certification loophole, also expands a separate exemption called "threshold of regulation" (TOR). TOR currently applies only to food-contact materials like packaging; the proposed expansion would let it apply to substances added directly to food as ingredients, flavorings, preservatives and processing aids, as long as they're non-carcinogenic and present below 0.5 parts per billion. Food-safety advocates say several chemical classes that are hormone disruptors, including some phthalates, bisphenols, PFAS and flame retardants, can cause harm at doses below that threshold.
Key facts
- The proposed rule text (Federal Register, 11 Aug 2026) states it would expand TOR to cover "uses of substances in food," not just food-contact substances, confirming the Guardian's central claim.
- Current TOR exemption threshold: 0.5 parts per billion, and non-carcinogenic substances only; advocates say this ignores endocrine-disrupting effects that occur at lower doses.
- Precedent cited: a 2005 TOR exemption let BASF use perchlorate in grain storage "super sacks"; FDA's own 2017 data showed perchlorate levels in sampled kids' cereal increased afterward, yet the agency reapproved the exemption six months later.
- Perchlorate interferes with thyroid iodine uptake needed for T4 hormone production, which is linked to lower child IQ at low exposure levels, per the advocates and scientists cited in the article.
- The TOR expansion is embedded inside the same August 2026 proposed rule that Kennedy and the FDA publicly framed only as "closing" the GRAS loophole.
What to watch for
Watch the public comment period on the Federal Register docket for how FDA responds to objections on cumulative-exposure and endocrine-disruption science, since the rule hasn't been finalized. Also watch whether later coverage or FDA statements acknowledge the TOR expansion was bundled with the GRAS announcement, since that's the detail "promises kept" messaging omitted, not the headline itself.
