O’Neill Institute for National and Global Health Law, Georgetown University Law Center, Washington, D.C.
Presented: July 2, 2025 Accepted: August 28, 2025 Published: December 29, 2025
Abstract
Everyone eats, so it is no surprise that food-related trade laws exist at the national, international, and
regional levels worldwide. Nanotechnology has transformed traditional food systems—from crop cultivation
and harvesting to storage, transport, marketing, drug delivery via food, and waste prevention—
since the early 2000s. These combined changes enable humanity to provide clean, safe, and affordable
food for everyone. But first, is it safe? The European Food Safety Authority (EFSA) uses strong scientific
methods to create a framework for monitoring nanostructures in food from “Field to fork.” Unfortunately,
nanoscale titanium dioxide (nano TiO2) is deemed safe by one law but may be banned as a
gametotoxin under another, creating crossroads for international trade of nanomaterials in food.
Merging law and science to resolve these conflicting regulations has important implications for global
trade, the food industry, and human health. This article offers a broad view of the legal landscape
surrounding nanomaterials in food, leaving some questions for further consideration. In conclusion, the
time is right to harmonize regulatory approaches.
Keywords: food, law, nanomaterials in food, global health, FDA, EFSA, TiO2
Rationale, Purpose, and Limitations:
This research is driven by the rising commercial
interest in producing components for processed
foods and shipping fresh foods globally
† Presented by the corresponding author, Ilise Feitshans ilf@georgetown.edu at the International Conference
on Recent Advances in Nanomedicine, KIIT University, Bhubaneshwar, Odisha, India, 21-22
February 2025.