Draft Guidance Expands Menu Labeling Requirements

The U.S. Food and Drug Administration (FDA) on Aug. 24 released draft guidance on federal menu labeling requirements that would expand a new law's requirement on calorie counts on menu boards beyond restaurants with 20 or more locations to also include airlines, trains, supermakrket food courts, movie theaters and convenience stores classified as chains. FDA currently is seeking public comment on the proposed guidelines.

Section 4205 of the Affordable Care Act, which was signed into law in March 2010, set new federal requirements for nutrition labeling for foods sold at certain chain restaurants and similar retail food establishments. Establishments with 20 or more locations may be affected.

The draft guidance document describes implementation of certain provisions of the federal law. For certain restaurants and similar retail food establishments, these statutory provisions include posting the number of calories for standard menu items on menus and menu boards, providing additional nutrition information in writing, and posting clearly on menus and menu boards that such information is available upon request. These establishments also must post calorie information for self-serve items and foods on display.

FDA is aware that industry may need additional guidance from FDA and time to comply with the provisions of section 4205 that became requirements immediately upon enactment of the law. FDA expects to refrain from initiating enforcement action until after a time period established in the final guidance. FDA is interested in comments on the appropriate time period for enforcement after the issuance of final guidance. FDA anticipates issuing final guidance in December 2010.

“One of the most important things we can do when it comes to the nation’s health is to provide simple basic information to the American people so they can make choices that are best for them and their family," FDA Commissioner Margaret Hamburg said. “The menu labeling program will help Americans get the facts about food choices that are available to them in restaurants and vending machines so they know what is in the food and can make healthier selections."

Sources:

* FDA: Draft Guidance for Industry: Questions and Answers Regarding Implementation of the Menu Labeling Provisions of Section 4205 of the Patient Protection and Affordable Care Act of 2010