FDA releases menu labeling draft guidance for industry
The U.S. Food and Drug Administration (FDA) has released a draft guidance for industry for the Menu Labeling regulation and confirms the May 7, 2018 compliance date.
The U.S. Food and Drug Administration (FDA) has released a draft guidance for industry for the Menu Labeling regulation and confirms the May 7, 2018 compliance date. This guidance document addresses concerns raised by stakeholders regarding the implementation of nutrition labeling required for foods sold in covered establishments, including expanded and new interpretations of policy. It also clarifies that there are additional options for complying with the labeling requirements and identifies places where the FDA intends to be more flexible in its approach. The guidance reflects input from stakeholders, including the public and industry, in response to an interim final rule (IFR) (82 FR 20825, May 4, 2017).
The guidance also includes many graphical depictions to convey the FDA’s thinking on various topics. The draft guidance covers several topic areas outlined in the IFR, including: calorie disclosure signage for self-service food, including buffets and grab-and-go food; various methods for providing calorie disclosure information, including those for pizza; criteria for distinguishing between menus and marketing material; compliance and enforcement; reasonable basis, including the criteria for considering the natural variation of foods; criteria for covered establishments; and standard menu items.
In addition, given extensive further analysis by the FDA, it is withdrawing Questions and Answers 5.17 and 5.18 in the previous guidance entitled “A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods—Part II” (Menu Labeling Requirements in Accordance With FDA’s Food Labeling Regulations) effective Nov. 7, 2017. The FDA addresses the issue of distinguishing between menus and other information presented to the consumer in this draft guidance, and once finalized, this will represent the agency’s current thinking on this topic.
“As a whole, this draft guidance reflects our commitment to establishing a practical and sustainable framework for implementing the new menu labeling provisions,” wrote Scott Gottlieb, FDA commissioner. “With these resources, we believe covered establishments are well positioned to implement the requirements by the May 7, 2018 compliance date. That said, we continue to welcome feedback from stakeholders that may help further improve this guidance and look forward to working with them as we finalize this guidance for the benefit of the public health.”