FDA Releases Supplemental Draft Guidance for Menu Labeling
In accordance with an August 2017 announcement, the U.S. Food and Drug Administration (FDA) has released supplemental draft guidance on menu-labeling requirements to address concerns raised by restaurant franchisees, grocery and convenience stores that sell “grab-and-go” food, and others affected by the rule, which is scheduled to take effect in 2018. The guidance provides details on: (i) criteria for covered establishments; (ii) distinctions between menus and marketing materials; (iii) various methods for calculating and disclosing calorie information; (iv) seasonal or special menu items; (v) compliance; and (vi) enforcement. The labeling requirements apply to restaurants or food retailers that are part of a chain of 20 or more locations doing business under the same name and offering substantially similar menu items.
Among the non-binding recommendations for labeling include placement of signs “adjacent to, and clearly associated with” the food for sale or on signs attached to sneeze guards; establishments can also use a single sign or placard listing multiple food items. Packaged food can carry a “front-of-pack” calorie declaration such as a sticker. The full calorie count must be disclosed for multiple-serving menu items such as whole pizzas or family-style portions, but retailers may also display the number of suggested servings and calorie counts for each serving. In addition, items or menu boards must include calorie information even if calorie counts are disclosed online.
Stating that its goal is “cooperative” compliance, FDA indicated that it will not penalize “minor violations” such an inadvertently omitted calorie declaration, minimal errors in calorie calculations or calorie rounding errors. If establishments fail to comply with violation notices, FDA will use its enforcement tools for misbranding under the Federal Food, Drug and Cosmetic Act.
The requirements have been previously been supplemented with guidance and delayed multiple times, resulting in an advocacy group’s lawsuit that has been stayed.
