The sneaky way companies get new chemicals into our food
Summary
This Planet Money episode uses Carol Reedy’s illness after eating Daily Harvest lentil and leek crumbles to explain how Tara Flour entered the U.S. food supply through Secret GRAS rather than ordinary [[FoodAndDrugAdministration|FDA]] review. The reporting argues that U.S. Food Additive Regulation often lets companies self-certify new ingredients under GRAS Self-Certification, then relies on illness reports, litigation, and later bans when the system fails. The episode extends the wiki’s supplement-regulation branch by showing a food-additive case where the issue is not weak efficacy claims, but acute organ injury, weak premarket evidence, consumer arbitration, and limited public accountability.
Key Claims
- Carol Reedy and her friend Lisa became sick after eating a Daily Harvest lentil and leek crumble that contained Tara Flour, an ingredient made from tara-tree seeds.
- The source says hundreds of people became ill after the product, and 42 people had gallbladders removed.
- Melanie Benish of Environmental Working Group explains that food additives include preservatives, emulsifiers, dough softeners, flavoring agents, and some food-packaging substances, not only unfamiliar synthetic chemicals.
- The episode traces modern U.S. Food Additive Regulation to the 1958 Food Additives Amendment, which required companies to prove new additives safe before use but exempted ingredients generally recognized as safe.
- The original GRAS exemption was meant for familiar ingredients such as sugar, flour, or bananas, but the episode argues that the exception became a broad company-controlled pathway.
- GRAS Self-Certification can let companies determine that an ingredient is safe themselves; notifying the [[FoodAndDrugAdministration|FDA]] is sometimes voluntary.
- Secret GRAS is the episode’s label for the no-notice route where a company uses an ingredient without telling the FDA, partly to protect trade secrets.
- The source says Tara Flour entered the food supply through Secret GRAS, so the FDA learned about it only after consumers became sick.
- Daily Harvest customers who accepted terms of service faced arbitration limits, while non-signers such as guests, minors, and babies exposed through breast milk helped court litigation proceed.
- Bill Marler used Food Safety Litigation Discovery to follow the supply chain from Daily Harvest to U.S. importer Smirks and Peruvian producer [[MolinosPeru|Molinos]].
- Marler says the safety evidence for tara flour was thin, including one rat study that did not deeply examine liver or gallbladder risk.
- The FDA later banned tara flour, while the source says it did not publicly declare that tara flour caused the reported gallbladder and liver injuries.
- The episode treats Premarket Food Safety Review as the main reform alternative, contrasting U.S. post-harm correction with more precautionary systems in Europe and New Zealand.
- Bill Marler says settlements totaled $32 million for 450 victims, with those who lost gallbladders expected to receive more.
- Melanie Benish warns that Chronic Food Additive Risk is harder to trace than acute poisoning, citing flavoring ingredients later found carcinogenic and partially hydrogenated oils that stayed in foods for decades.
Key Quotes
“generally recognized as safe” - the statutory phrase behind the GRAS exemption.
“secret GRAS” - the episode’s label for self-certification without FDA notice.
“42 people had gallbladders removed” - the episode’s reported acute-harm count.
Connections
- NPR and Planet Money - network and show context.
- Sarah Gonzalez - host framing the investigation.
- Carol Reedy, Daily Harvest, and Tara Flour - consumer, company, and ingredient case at the center of the episode.
- Melanie Benish and Environmental Working Group - regulatory-law voice and consumer-safety organization.
- Food and Drug Administration - regulator whose knowledge and authority are constrained by GRAS notification rules.
- Bill Marler, Food Safety Litigation Discovery, and Consumer Arbitration Barrier - legal-accountability branch.
- Smirks, [[MolinosPeru|Molinos]], and Chobani - importer, producer, and later owner context.
- Food Additive Regulation, GRAS Self-Certification, Secret GRAS, Premarket Food Safety Review, Post-Harm Food Regulation, and Chronic Food Additive Risk - regulatory concepts added or extended by the source.
- Dietary Supplement Regulation - adjacent health-product regulation branch previously connected to GRAS through Prevagen and NeuroShake.
Contradictions
- No direct contradiction found.
- The source sharpens GRAS Self-Certification: the earlier Prevagen case showed food-law GRAS interacting with supplement sales, while this episode presents GRAS as a dominant food-additive pathway that can expose consumers to acute harm before regulators know an ingredient is in use.