On November 8, 2013, the Food and Drug Administration ("FDA") published a notice in the Federal Register announcing its preliminary determination that partially hydrogenated oils ("PHOs"), the major dietary source of artificial trans fatty acids, or trans fat, are not "generally recognized as safe" ("GRAS") for the use in processed foods. This preliminary determination is based upon current available scientific evidence and scientific expert panels establishing health risks associated with the consumption of trans fat. Scientific evidence and scientific expert panels have also concluded that PHOs are food additives. As a general rule, under the Food, Drug, and Cosmetic Act of 1938 (the "FD&C Act"), food additives are subject to prior review and approval by the FDA before it can be marketed. If the FDA makes a final determination that PHOs are not GRAS, and a food additive, a food manufacture could not use PHOs in processed foods without the prior review and approval by the FDA.
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