The US Food and Drug Administration (FDA) is proposing to expand a controversial loophole, potentially allowing some toxic chemicals to be added directly to food without a safety review. This "threshold of regulation" (TOR) exemption currently allows dangerous compounds in food contact materials, such as packaging, without review if they are not carcinogenic and are present below 0.5 parts per billion (ppb).
The proposed expansion would permit companies to use these chemicals as ingredients directly added to food, including as flavourings, preservatives, emulsifiers, processing aids, enzymes, stabilisers, and binders. Campaigners argue that many chemicals, such as hormone disruptors linked to brain damage and reproductive harm in children, are considered dangerous at levels far below 0.5ppb.
Public health advocates have raised concerns, stating that the proposal could result in alarming levels of toxic chemicals reaching grocery store shelves. Maricel Maffini, an independent food consultant, noted that the FDA and industry's position that small amounts are not problematic is not supported by science, as many ingredients cause serious issues at very low levels.
An earlier TOR exemption allowed the rocket fuel chemical perchlorate to be used in grain bags, which advocates say led to a dramatic increase in the compound found in children's cereal. Perchlorate can reduce the thyroid gland's ability to absorb iodine, which is crucial for proper brain development and has been linked to lower IQ scores in children.