Planet Money

99% of chemicals in our food right now were added without FDA approval. Many were added in secret, through a sneaky loophole built into the 1958 Food Additives Amendment.

It was supposed to require FDA approval for new additives. But food companies and chemical makers found a workaround. And the FDA formally okayed the loophole in the 90s — in the process bringing attention to a loophole to the loophole.

The FDA has essentially admitted it doesn’t have the capacity to verify the safety of new food chemicals. So they leave it up to food companies and chemical makers to declare their brand new chemicals are safe. These chemicals are used in everything from chocolate and smoked fish, to tea bags, protein drinks, popcorn, and seeds.

So, how’d the loophole get there, and what does it tell us about the priority the U.S. places on safety versus speed and innovation? And, how much can one lawyer do about it?

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This episode was hosted by Sarah Gonzalez, produced by Sam Yellowhorse Kesler, edited by Jess Jiang, fact checked by Sierra Juarez, and engineered by Robert Rodrguez with help from Kwesi Lee. Alex Goldmark is Planet Money’s executive producer.  

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