The U.S. Congress has shortly introduced a new proposal that could redefine how food substances are regulated in the U.S. within a short time frame, improving the FDA’s oversight of ingredient disclosures.
Senator Roger Marshall unveiled the Better Food Disclosure Act (S. 3122), also known as the Better FDA Act, on November 6, 2025. The proposal focuses on a key topic: the Generally Recognized As Safe (GRAS) process, one of the most discussed areas of U.S. food law.
Does the Better FDA Act sound familiar?
If you feel a sense of déjà vu, you’re not alone.
The Better FDA Act mirrors the objectives of the GRAS Act in many ways.
For instance, the two legislations have a lot in common, as both proposals:
- aim to transform the currently voluntary GRAS notification system into a mandatory one.
- want to give the FDA new tools to re-evaluate the safety of substances already considered GRAS.
- try to respond to long-standing concerns about transparency, scientific rigor, and consumer protection.
Are they trying to solve the same problem?
Essentially, yes. The heart of the debate lies in how GRAS determinations are made and monitored. Today, the GRAS assessment status of several companies is internally conducted and moves forward without direct FDA involvement.
Both bills seek to change that by requiring companies to notify the agency when using a GRAS substance and by allowing the FDA to reassess substances as new data becomes available. Importantly, neither proposal alters the scientific definition of GRAS; the criteria remain the same, but the level of regulatory control does not.
So where do the two proposals differ?
This is where the strategies diverge and where regulatory experts are paying close attention…
The Generally Recognized As Safe Act, or GRAS Act, treats GRAS substances almost like food additives. Under this vision, a substance cannot be used unless the FDA formally states it has no objection to the determination that the substance is GRAS. It also demands periodic reassessment of 10 substances every 3 years.
The Better Food Disclosure Act, or FDA Act, instead, preserves GRAS as a distinct category.
This latter act propose the creation of a public GRAS list, and if the FDA does not issue a preliminary exclusion within 180 days, the substance is automatically included. Moreover, Manufacturers of existing GRAS substances will have two years to file a GRAS Notification to the FDA after the bill is enacted.
In this system, the post-market assessment is based on concerns that arise through citizens’ petitions or FDA initiatives.
In simple terms, the GRAS Act tightens the screws by aligning GRAS with the food additive process, while the Better FDA Act builds a parallel pathway with structured oversight.
What should food businesses expect next?
Right now, uncertainty. Congress still has to decide which direction to endorse. But what is increasingly clear, especially considering two additional proposals: the Toxic Free Food Act (H.R. 9817) and the Ensuring Safe and Toxic-Free Foods Act (S. 2341), is that the FDA is moving toward a tighter, science-based, and transparency-driven model for food safety regulation.
What should companies do?
The smartest move is to prepare early to the change. Understanding your ingredient portfolio, identifying potential exposure risks, and anticipating future notification requirements can make the difference between smooth market access and costly delays.
This is exactly where ChemSafe can support you, contact us! With long-standing expertise in GRAS strategy, toxicological and scientific evaluations, dossier preparation, and FDA communication, we help companies move confidently in an evolving regulatory landscape.
