George Misko and Cynthia Lieberman Quoted in Chemical Watch Article on Kennedy’s Pledge to Overhaul U.S. Food Rules

Keller and Heckman Partners George Misko and Cynthia Lieberman were quoted in the Chemical Watch article, “Kennedy’s pledge to overhaul US food rules should be taken ‘very seriously’.” Robert F. Kennedy, Jr. is calling for significant changes within the food industry, although the article indicates he faces notable legal hurdles before these changes can occur.

For instance, George and Cynthia noted that the U.S. Food and Drug Administration (FDA) does not have the authority “to do away with GRAS altogether” unless Congress first amends the Federal Food, Drug, and Cosmetic Act. However, they mentioned FDA could consider conducting a rulemaking to require that it be notified for all substances for which a self-GRAS determination has been made. Even then, it is still debatable whether FDA “has the authority to even take this step, especially given the Supreme Court’s decision last year in the Loper case doing away with the need for court deference on legal determinations made by federal agencies,” explained George and Cynthia.

Additionally, any effort to revoke food additive or color additive regulatory clearances would require a notice and comment rulemaking, according to George and Cynthia. “Were FDA to move forward with such rulemakings,” they said, “there is a significant question as to whether the reductions in force (RIFs), voluntary agency personnel departures, and potential agency reorganization would result in insufficient resources (funding and manpower) to act on this in a timely way.”

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