RFK Jr. Open to a Pre-emptive National Ingredient Standard

Health & Human Services Secretary Robert F. Kennedy Jr. apparently indicated he was open to a national food standard, one that would pre-empt various state laws that ban or otherwise control controversial ingredients.

“It is on the table for discussion,” Kennedy said in an interview Wednesday (Dec. 10) alongside Secretary Brooke Rollins at a USDA event. That limited response was reported by Bloomberg News. Other media were similarly sketchy with details.

Even though Kennedy has spearheaded federal efforts at removing controversial ingredients from food – although only Red Dye No. 3 has been banned, and that was by the previous administration – numerous state legislatures have passed their own bans or other controls over ingredients.

While almost all target the six petroleum colorants – Blue 1&2, Green 3, Red 40 and Yellow 5&6 – that Kennedy has asked food processors voluntarily to remove, most of the state laws have additional bans, and there is significant variation from state to state.

Voluntary Removal of 6 Color Additives ‘By the End of Next Year,’ FDA and HHS Say | Food Processing

In introducing the Better Food Disclosure Act last month, U.S. Senator Roger Marshall noted 108 bills have been introduced in 17 state legislatures during the 2025 session concerning ingredients and other nutrition issues. And seven bills have been enacted in five states: Arkansas, Louisiana, Texas, Utah and West Virginia.

Senate Bill Aims To Improve FDA Oversight – Without Pre-Empting States | Food Processing

Although none has taken effect yet, the situation would create a patchwork of different laws that would require processors to make different products, or at least different labels, for all the states with regulations.

Despite the federal nature of Sen. Marshall’s bill, protests from the Make America Healthy Again movement caused him to remove language that would have made any federal law pre-empt those of individual states.