In an article published on June 20, 2019, regulatory news provider Chemical Watch reported on an update in the ongoing court case regarding the U.S. Food and Drug Administration’s (FDA) voluntary notification program for food additives that are generally recognized as safe (GRAS). The FDA is reported to have defended its program in a June 17th cross-motion for summary judgement arguing that the plaintiffs have “not identified any aspect of the rule that is arbitrary and capricious or not authorized by law.”

The non-governmental organizations the Environmental Defense Fund (EDF) and Center for Food Safety (CFS) have argued that the FDA’s process lets industry self-regulate its food contact substances (FPF reported), however the FDA has called this an “erroneous premise” and said that it is “simply not so.” The agency urged the court to judge in its favor and commented that “the GRAS rule should be upheld as a reasonable agency interpretation of a broad congressional delegation of authority.” As the plaintiffs, EDF and CFS now have until August 23, 2019 to respond to the FDA’s position.

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Kelly Franklin (June 20, 2019). “US FDA contests Gras rule should be upheld.”