Citizen Petition Calls on FDA to Rethink Refined Carbs

Akin Gump Strauss Hauer & Feld LLP
Contact

Akin Gump Strauss Hauer & Feld LLP

Last week, former Food and Drug Administration (FDA) Commissioner David Kessler submitted a citizen petition urging FDA to revoke the generally recognized as safe (GRAS) status of refined carbohydrates used in industrial food processing. The petition follows FDA’s and the United States Department of Agriculture’s (USDA) joint request for information (RFI) to establish a formal definition for ultra-processed foods (UPFs) and offers FDA a legal pathway to change the regulatory status of these ingredients.

Specifically, the petition focuses on refined sweeteners and refined flour and starches, including corn syrup, corn solids, glucose syrups, wheat and corn flour—highlighting these ingredients as key markers of UPFs. The petitioner argues that processed refined carbohydrates can no longer be considered GRAS in light of scientific evidence linking their consumption to metabolic harm leading to obesity, diabetes and cardiovascular disease. If granted as proposed, manufacturers would be required to submit food additive petitions to demonstrate the safety of these ingredients for continued use.

The petition marks a potential turning point in FDA’s approach to food regulation. While Secretary Robert F. Kennedy Jr. has so far relied on voluntary industry action to remove synthetic dyes and other additives from consumer products, this petition calls for a more assertive regulatory stance. It also aligns with growing public and institutional appetite to address the health impacts of UPFs and other food additives, as reflected in the forthcoming final Make America Healthy Again (MAHA) Commission report.

The agency has 180 days to respond to the petition.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Akin Gump Strauss Hauer & Feld LLP

Written by:

Akin Gump Strauss Hauer & Feld LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Akin Gump Strauss Hauer & Feld LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide