US: FDA promises more menu labeling guidance by year-end

28 Aug 2017 --- The US Food & Drug Administration (FDA) has pledged to provide further guidance on menu labeling requirements by the end of this year to address concerns from the eating-out sector. In a statement, FDA Commissioner Scott Gottlieb, said that the Administration will help eating establishments get a better handle on how to meet their menu labeling obligations.

Americans eat and drink about one-third of their calories away from home. Making calorie information available on chain restaurant menus will help consumers make informed choices for themselves and their families, says the Administration.

As required by statute, FDA’s final rule for nutrition labeling in chain restaurants and similar retail food establishments will provide consumers with clear and consistent nutrition information in a direct and accessible manner for the foods they buy.

Posting calories on menus and menu boards as well as providing other nutrient information in writing in chain restaurants and similar retail food establishments will fill a critical information gap and help consumers make informed and healthful dietary choices, it says.

Covered establishments will list calorie information for standard menu items on menus and menu boards and a succinct statement about suggested daily caloric intake. 

Other nutrient information, like total calories, calories from fat, total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, fiber, sugars, and protein, will have to be made available in writing on request.

The FDA has extended the compliance date for menu labeling requirements from May 5, 2017, to May 7, 2018, to allow for further consideration of what opportunities there may be to reduce costs and enhance the flexibility of these requirements beyond those reflected in the final rule.

Gottlieb latest statement says: “We will provide additional, practical guidance on the menu labeling requirements by the end of this year. This additional guidance will address concerns that were raised about challenges establishments faced in understanding how to meet their obligations under the new regulations.”

“We have been diligently working to address the comments we received and to establish a sustainable framework for enabling establishments to effectively meet the new menu labeling provisions. These new policy steps should allow covered establishments to implement the requirements by next year’s compliance date.

“The FDA takes seriously our responsibility to ensure that food is labeled in a manner that provides people with the information they need to make healthy choices. We will continue to fulfill our obligation to pursue science-based, public health-focused federal standards across the full spectrum of our food regulatory authorities to the benefit of all Americans.”

He adds how people should not have to navigate different information about food when traveling from state to state, or city to city. 

“Inconsistent state and local requirements may also drive up the cost of food, and sow confusion, by requiring restaurants and other covered establishments to post different information based on location,” Gottlieb adds. 

“We take seriously our obligation to consumers; to make sure they have access to useful menu labeling information in a simple and timely manner.”

“We also share Congress’s goal in enacting these labeling provisions: to ensure that calorie and nutrition information is delivered in a clear, consistent and predictable way. Similarly, we recognize our obligation to provide clear guidance so that restaurants and other establishments that are subject to these provisions have clarity and certainty as to how they can efficiently meet the new menu labeling requirements.”

The consumer lobby group, the CSPI welcomed the move. In a blog, CSPI Vice President for Nutrition Margo G. Wootan wrote: “We’re pleased to see in its statement today that the FDA agrees that Americans deserve to know what they’re eating and that the Agency isn’t planning any further delay in menu labeling. Calorie labeling at chain restaurants and supermarkets is here to stay. Diners want and appreciate the information and most chain restaurants are already in compliance. Further, a new independent economic analysis found that delaying these standards would actually increase costs for chain food establishments, rather than save them money as industry has claimed.”

“That said, we’ll be vigilant in ensuring that the guidance issued by the Food and Drug Administration provides customers of supermarkets, convenience stores, pizza chains, and other retailers that sell restaurant-type foods access to calorie information at the point of decision-making. We continue to urge Congress to reject legislation aimed at carving out special exemptions for the pizza, supermarket, and convenience store industries.”

“Today’s decision by Commissioner Gottlieb should also make it clear to Congress that it is time for them to move on from their attempts to gut menu labeling standards. CSPI will continue to oppose the anti-consumer choice, anti-menu labeling legislation (S. 261/H.R. 772) currently being considered by Congress that aims to carve out special exemptions for the pizza, supermarket, and convenience store industries.”

“More than 130,000 Americans recently voiced their support for menu labeling by filing comments with the FDA, and we trust that that outpouring of support from consumers helped inform the announcement made by Commissioner Gottlieb today,” her statement conclude.