ALBANY, NY (11/03/2026) (readMedia)-- Yesterday, the New York Times reported that the "energy performance drug" kratom - widely marketed for its purported wellness benefits - is linked to addiction in users. Despite landing on bodega and gas station shelves across the country, data show that kratom increases the risk of addiction, liver injury, seizures, and in some cases, even death. While the FDA may be aware of kratom's safety risks, there are thousands of chemicals that the agency does not know are in our foods. Currently awaiting final signature from Governor Hochul, Albany lawmakers have already passed nation-leading legislation that would strengthen food chemical transparency and ban three harmful ingredients amid longstanding federal food safety gaps: the Food Safety and Chemical Disclosure Act (S1239F/A1556G).
CSPI Senior Regulatory Counsel Jensen Jose issued the following statement in response:
"Kratom poses serious health risks to consumers and the latest reporting shows how easily those risks get buried under wellness branding. When companies can put products on shelves without proving they're safe or telling people what's in them, it's families who ultimately pay the price. While federal officials are taking some steps to regulate kratom, companies are still slipping thousands of other poorly-tested ingredients into our food under the federal government's watch. That's where Governor Hochul can step in. With the Food Safety and Chemical Disclosure Act, she can fill in the gaps where federal efforts fall short. We're urging the Governor to sign this bill into law and keep New York families safe."
Under a decades-old federal loophole that allows companies to self-certify ingredients as "generally recognized as safe" (GRAS), food giants are sneaking harmful chemicals into the nation's food supply without adequate FDA oversight. Sponsored by Senator Brian Kavanagh and Assemblymember Dr. Anna Kelles, the Food Safety and Chemical Disclosure Act closes this loophole by requiring manufacturers to disclose safety data for chemicals that have bypassed the FDA's formal safety review at little or no cost to the consumer.
Consumers are increasingly concerned about the FDA's failure to protect consumers from harmful chemicals in supplements and foods. Recent data confirms that more than 70% of American adults are alarmed about chemicals in the food supply, and 5 in 6 want government and businesses to do more on chemical safety and transparency. Passed with ample bipartisan support in the State Legislature, the bill awaits final signature from the Governor.
BACKGROUND
The Food Safety and Chemical Disclosure Act (S1239F/A1556G): Ends the secrecy of a federal loophole that allows companies to self-designate their ingredients as "generally recognized as safe" or GRAS without adequate FDA oversight. The bill prohibits the use of three harmful additives in foods sold statewide and requires companies to disclose evidence confirming the safety of food chemicals that bypass the FDA's safety review. By mandating transparency requirements for chemical use in foods and eliminating unsafe additives, the bill aims to improve health outcomes and protect New York consumers from health harms like cancer and developmental delays.
Why Food Safety Regulation Is Urgent:
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