The sneaky way companies get new chemicals into our food
Episode
35 min
Read time
2 min
Topics
Health & Wellness, Design & UX, Marketing
AI-Generated Summary
Key Takeaways
- ✓The GRAS Loophole Scale: 99% of chemicals currently in U.S. food entered through the GRAS (Generally Recognized As Safe) exemption rather than formal FDA review. Over 24 years, roughly 900 new chemicals were added to food; only 10 went through official FDA approval. The loophole, originally designed for common ingredients like sugar and flour, now functionally replaces the law it was meant to supplement.
- ✓Secret GRAS — Door Three: Beyond the standard GRAS self-certification, companies can use "secret GRAS," where they make no notification to the FDA whatsoever. Terra Flower entered the U.S. food supply this way. Consumers can protect themselves by checking ingredient lists for unfamiliar plant-derived proteins or novel additives, particularly in meal-kit and health-food products marketing high-protein plant ingredients.
- ✓The "Take-Back" Provision: When a company voluntarily notifies the FDA under GRAS and the FDA raises safety concerns, the company can legally withdraw its notice, halt the review, and still use the ingredient in food anyway. This means FDA concern alone carries no enforcement power — companies face zero legal obligation to address flagged safety questions before putting additives on shelves.
- ✓Private Litigation Fills the Regulatory Gap: Food safety attorney Bill Marler recovered $32 million across 450 Terra Flower victims because lawsuits grant subpoena power, sworn depositions, and document production under perjury penalties — tools the FDA lacks without a formal enforcement action. Consumers harmed by novel food additives should document product lot numbers, retain packaging, and seek legal counsel, as litigation currently outpaces regulatory accountability.
- ✓Long-Lag Additives Pose Greater Risk: Immediate-reaction cases like Terra Flower are traceable. The harder problem involves additives with chronic, delayed effects — partially hydrogenated oils were GRAS-approved for decades before the FDA revoked their status, estimating removal could prevent thousands of annual heart attacks. Consumers reducing processed food exposure across multiple product categories lower cumulative additive intake and reduce long-term chronic risk.
What It Covers
Planet Money investigates how a Peruvian plant-based protein called Terra Flower entered the U.S. food supply without FDA knowledge, poisoned hundreds of people, caused 42 gallbladder removals, and exposed the GRAS loophole that allows companies to self-certify new chemical additives as safe without government review.
Key Questions Answered
- •The GRAS Loophole Scale: 99% of chemicals currently in U.S. food entered through the GRAS (Generally Recognized As Safe) exemption rather than formal FDA review. Over 24 years, roughly 900 new chemicals were added to food; only 10 went through official FDA approval. The loophole, originally designed for common ingredients like sugar and flour, now functionally replaces the law it was meant to supplement.
- •Secret GRAS — Door Three: Beyond the standard GRAS self-certification, companies can use "secret GRAS," where they make no notification to the FDA whatsoever. Terra Flower entered the U.S. food supply this way. Consumers can protect themselves by checking ingredient lists for unfamiliar plant-derived proteins or novel additives, particularly in meal-kit and health-food products marketing high-protein plant ingredients.
- •The "Take-Back" Provision: When a company voluntarily notifies the FDA under GRAS and the FDA raises safety concerns, the company can legally withdraw its notice, halt the review, and still use the ingredient in food anyway. This means FDA concern alone carries no enforcement power — companies face zero legal obligation to address flagged safety questions before putting additives on shelves.
- •Private Litigation Fills the Regulatory Gap: Food safety attorney Bill Marler recovered $32 million across 450 Terra Flower victims because lawsuits grant subpoena power, sworn depositions, and document production under perjury penalties — tools the FDA lacks without a formal enforcement action. Consumers harmed by novel food additives should document product lot numbers, retain packaging, and seek legal counsel, as litigation currently outpaces regulatory accountability.
- •Long-Lag Additives Pose Greater Risk: Immediate-reaction cases like Terra Flower are traceable. The harder problem involves additives with chronic, delayed effects — partially hydrogenated oils were GRAS-approved for decades before the FDA revoked their status, estimating removal could prevent thousands of annual heart attacks. Consumers reducing processed food exposure across multiple product categories lower cumulative additive intake and reduce long-term chronic risk.
Notable Moment
After 42 people lost gallbladders and hundreds were hospitalized, none of the companies involved — the Peruvian manufacturer, the U.S. importer, or the meal-kit brand — received government fines or public penalties. The only financial consequence came through private lawsuits, not regulatory action.
Episode Transcript
This is Planet Money from NPR. If there's one way that Carol Reedy has always thought of herself, it's exuberant. Exuberant. Exuberant. Yes. Even on my tired days, I'm exuberant. No. Some people might call her annoying, her word. Girl, they can't handle all this sometimes. But Carol doesn't mind. If it's not for you, just walk along. It's fine. Recently, though, Carol and her friends have been describing her in a different way. Basically an orchid now. An orchid. Just, like, really fragile. You know? Very sensitive and very delicate, like, in all senses of the word. And she wasn't always this way. Before that, Sarah, I was killing it. I would go and do my research in Morocco. I was running around doing everything, eating everything, literally. Carol is a linguistics professor at Oklahoma State University, originally from Nebraska. And when she moved to Oklahoma, that's about when things changed for her. She had just made this new friend, Lisa, and they decided to do a little trip together. We went to this little Airbnb in on a pecan farm. She just wanted to hang out with me. That was our first, like, one on on one. You know, like, we're friends. Let's do a one on one trip together. And it was so lovely on the pecan farm. We just literally just sat among the trees and read books. It's great. We're not going back there, though, ever again. The trip started out pretty normal. They ate a simple breakfast. Carol made them both this lentil thing and scrambled eggs. They went into town, got ice cream cones, and then went back to their Airbnb. I start getting pain first, and then she starts getting a little bit. And so what we do is we put our legs up against the wall, and we start, like, watching a movie or something. I can't remember what we were watching, to be honest. Carol was out of it, and she's like, Lisa, I can't actually do this. I can't I can't do it. It's this pain is too much. And she's like, yeah. I know. I think we should just go home. And I was like, yeah. Let's just go home. Lisa wasn't too bad, but Carole was writhing in pain. Just agonizing. Yeah. I was sort of like, ah. Carol eventually goes to the ER, but they don't know what's going on. They send her home and tell her to just take it easy, avoid certain foods, so she does. Four or five days later, the pain finally starts going away, and Carol starts introducing normal foods again. Simple stuff, toast, lentils. And then that same feeling that she felt on the pecan farm comes back. She recognized it immediately. And I knew it was gonna get worse. And I said, okay. I gotta go. This is it. It's happening again. I don't know what's going on. She was back to the ER, but this time, the pain …
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