Delaney Clause: How it Protects Consumers from Harmful Food Additives

Delaney Clause

FDA cancer

The Delaney Clause is a provision in the United States Federal Food, Drug, and Cosmetic Act (FD&C Act) that prohibits the FDA from approving any food additive that has been shown to cause cancer in humans or animals. It was added to the FD&C Act in 1958 by Congressman James Delaney, who was concerned about the potential risks to public health from food additives.

The Delaney Clause was enacted at a time when there was increasing public concern about the use of synthetic chemicals in food production. It was seen as a way to protect consumers from potentially harmful food additives by requiring a higher standard of safety.

Under the Delaney Clause, any substance that is found to be carcinogenic in humans or animals cannot be used as a food additive under any circumstances. This includes both synthetic chemicals and naturally occurring substances.

The Delaney Clause has been controversial over the years, with some critics arguing that it is overly restrictive and prevents the use of safe and beneficial food additives. Others argue that the Clause is necessary to protect public health by ensuring that food additives are thoroughly tested and proven safe before being used in the food supply.

In recent years, there have been efforts to revise or repeal the Delaney Clause, with some proponents arguing that it is outdated and does not take into account modern science and risk assessment methods. However, any changes to the Delaney Clause would require congressional action and are likely to be debated extensively before being enacted.

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