FDA Takes Steps to Remove GRAS Status for Trans Fats, Seeks Comments

Today the Food and Drug Administration (FDA) announced that it will take steps to further reduce trans fats in processed foods, in what Commissioner Margaret A. Hamburg calls "an important step toward protecting more Americans from the potential dangers of trans fats" as "current intake remains a significant public health concern."

FDA announced its preliminary determination that partially hydrogenated oils (PHOs), the primary source of artificial trans fats, are not GRAS ("Generally Recognized As Safe") for use in food. The agency has opened a 60-day comment period on this preliminary determination, during which it will collect additional data and input about whether it should finalize its preliminary determination. It will also work to identify a reasonable timeline for food manufacturers to reformulate products should the determination become final.

This announcement is the latest step by FDA in the ongoing process to limit use of trans fats in processed foods. In 2006, FDA began requiring the labeling of artificial trans fats, which ultimately prompted many food manufacturers to simply eliminate their use. But because use was not banned, the fats remain in many processed foods. FDA currently allows food labels to state that the products contain zero trans fat if the amount is below .5 grams per serving.

If FDA's preliminary determination is finalized following review of the submitted comments, PHOs would be considered "food additives" and could not be used in food unless authorized by regulation or following submission of a food additive petition. The comment and submission period starts November 8, 2013. The Federal Register notice is expected to be published on November 8. Until then the unpublished document is available as a PDF.