• FDA Delays Implementation of Certain Menu Labeling and Nutrition Requirements
  • May 23, 2017 | Author: Karen C. Corallo
  • Law Firm: Greenberg Traurig, LLP - Washington Office
  • FDA has requested comments on the attached Federal Register Notice (FRN) that delays by one year implementation of certain menu labeling and nutrition information requirements that were set to go in effect on May 5, 2017. Covered establishments now have until May 7, 2018 to comply.

    Importantly, in response to stakeholder’s concerns, FDA is asking for advice in how to rewrite the rule, weighing the burdens on industry against public health concerns. Comments must be submitted within the next 60 days.  

    Specifically, FDA has requested comments on:
    • how to reduce regulatory burden or increase flexibility in calorie disclosure signage for self-service foods, including buffets and grab-and-go foods;
    • methods for providing calorie disclosure information other than on the menu itself;
    • criteria for what is considered a menu versus an advertisement or other marketing pieces directed at consumers;
    • how different types of retailers might use different methods;
    • how to address natural calorie variations;
    • whether entities with certain business models are specifically required to comply with the rule; and
    • on the compliance extension itself.