New York poised to become first state to close food ingredient ‘loophole’ criticized by RFK Jr

Food Dive reported the development on 2026-04-30. If approved, the bill would ban three additives and require safety data when companies determine that an ingredient is safe.

The report places the news in a wider commercial context. New York could soon become the first state to require food companies to report on the safety of new ingredients and close a loophole frequently criticized by Health and Human Services Secretary Robert F. Kennedy Jr.

For the food sector, the practical implications extend beyond the immediate announcement. The bill still needs the governor's approval. In addition to addressing GRAS, the law also would ban three additives, including Red Dye No. 3, potassium bromate and propylparaben.

Attention now turns to how companies, customers and regulators respond. Food manufacturers can bypass premarket review on certain chemicals or additives if they are considered safe among qualified experts. The process has received heavy criticism from Kennedy, who says it allows manufacturers to sneak chemicals into the food supply “often with unknown safety data.”. A March report from the Environmental Working Group found at least 111 food chemicals have.