Dr. David Kessler, a former commissioner of the US Food and Drug Administration (FDA), has initiated a significant challenge to the Trump administration’s health policies by petitioning the agency to reassess the safety of various ingredients commonly found in ultraprocessed foods. Filed on March 7, 2025, Kessler’s petition argues that certain sweeteners, refined flours, and additives should not be classified as “generally recognized as safe” (GRAS). If successful, this could lead to a major overhaul of food safety regulations, requiring manufacturers to either prove the safety of their ingredients or remove them from the marketplace.
Kessler’s proposal represents a substantial shift in how the FDA might regulate ultraprocessed foods, aligning with the administration’s slogan of “Make America Healthy Again.” Currently, Health and Human Services Secretary Robert F. Kennedy Jr. has relied on voluntary compliance from major food brands to eliminate harmful additives. Kessler’s initiative, however, could force a more rigorous examination of the food industry.
Marion Nestle, a prominent nutrition expert and professor emerita at New York University, praised Kessler’s strategy, stating, “Kessler has given the FDA a way to define the vast majority of ultraprocessed foods. This could significantly aid in regulating these products.” In his petition, Kessler proposes a 12-month period for companies to file petitions to retain certain food additives, during which they must demonstrate their safety.
Michael Taylor, a former FDA food regulator, expressed support for this approach, emphasizing the need for manufacturers to bear the burden of proof regarding ingredient safety. “It’s a worthy step to shift the burden of proof where it belongs,” he noted. The FDA is mandated to respond to Kessler’s petition within 180 days, potentially accelerating the timeline for new regulations on ultraprocessed foods.
Kessler, who served as FDA commissioner under Presidents Bill Clinton and George H.W. Bush, previously played a pivotal role in requiring nutrition labeling on food products and regulating tobacco. He draws parallels between the tobacco regulations of the 1990s and the current food safety landscape. “What was key in tobacco was finding the regulatory hook,” Kessler remarked. “It was about asking the right legal question that would frame the issue.”
The petition specifically targets refined flours, starches, and sugars, including high-fructose corn syrup and various additives used in ultraprocessed foods. Kessler argues that the FDA’s approval of these ingredients, under GRAS regulations established decades ago, has contributed to rising rates of obesity, diabetes, and heart disease in the United States.
Experts agree that reducing sugar intake is crucial for public health. Christopher Gardner, director of nutrition studies at the Stanford Prevention Research Center, highlighted the significance of Kessler’s focus on food additives, stating, “The food industry uses these substances to create inexpensive, highly palatable products.” He suggests that removing these ingredients could lead to less addictive and less manipulated foods.
Kessler’s petition has been met with enthusiasm from various nutrition experts, including Dr. Walter Willett, a leading researcher at Harvard T.H. Chan School of Public Health. Willett noted that the proposal could fundamentally change the food landscape, as it challenges the GRAS standard, which was originally intended for widely accepted ingredients like oil and vinegar.
The GRAS designation, established in 1958, was meant to apply narrowly to common ingredients. However, a 2022 analysis by the Environmental Working Group revealed that nearly 99% of new chemicals used in food since 2000 were approved not by the FDA, but by the food and chemical industries themselves. This raises questions about the integrity of the current system.
Kessler’s initiative may encounter resistance from major food brands, as regulatory changes often do. Taylor recalled the FDA’s previous efforts to revoke the GRAS status of trans fats, which faced industry pushback but ultimately led to positive health outcomes. “The handwriting was on the wall,” Taylor said, indicating that many companies had already stopped using trans fats by the time the regulation was enforced.
As the Trump administration prepares to release its second report on the “Make America Healthy Again” initiative, Kessler’s petition could play a critical role in shaping future policies. The first report, released in June 2024, identified key drivers of chronic illnesses in children, including ingredients in ultraprocessed foods. The upcoming report is expected to outline proposed changes to food policy, with a deadline set for March 11, 2025.
In summary, Dr. Kessler’s bold challenge to the FDA could lead to sweeping changes in food safety regulations, highlighting the need for a re-evaluation of how ingredients are classified and regulated in the food supply. As the agency prepares to respond to this significant petition, the implications for public health and the food industry could be profound.
