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Advancing The FDA's Human Foods Program Through Additional Authorities And User Fees.
Jennifer L Pomeranz1, Sean B Cash2, Emily Broad Leib3
1Jennifer L. Pomeranz (jlp284@nyu.edu), New York University, New York, New York.
Health Affairs (Project Hope)
|April 7, 2025
Summary
The Food and Drug Administration (FDA) needs more resources and authority to ensure food safety, especially for ultraprocessed foods. A new user fee program could provide necessary funding for enhanced oversight.
Area of Science:
- Food Safety Regulation
- Public Health Policy
- Regulatory Science
Background:
- The Food and Drug Administration (FDA) faces resource limitations and authority gaps in ensuring food safety and proper labeling.
- Significant concerns exist regarding the pre- and postmarket oversight of food ingredients, particularly those in ultraprocessed foods.
- Many food ingredients lack adequate safety data or are unknown to the FDA and the public.
Purpose of the Study:
- To analyze the FDA's existing food-related authorities for potential user fee program implementation.
- To identify policy domains where new or enhanced user fees could strengthen the FDA's oversight capabilities.
- To evaluate the feasibility and potential benefits of a comprehensive user fee program for food regulation.
Main Methods:
- Legal and policy analysis of the FDA's current food-related authorities.
- Review of successful user fee programs in other FDA-regulated areas.
- Examination of policy domains suitable for new or enhanced user fees.
Main Results:
- The FDA's food-related authorities are amenable to a new user fee program.
- User fees can generate targeted resources to address critical oversight gaps.
- A comprehensive food user fee program could benefit both industry and public health.
Conclusions:
- Enhanced FDA authorities and resources are crucial for safeguarding public health through improved food safety.
- A well-designed user fee program presents a viable mechanism to generate necessary funding for the FDA's food program.
- Implementing a food user fee program can strengthen the FDA's ability to ensure safe, wholesome, and properly labeled foods.
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