FDA Menu Labeling Comment Period Extended

As we posted on our blog last month, the FDA extended the compliance date of the Menu Labeling Regulation to May 2018 and introduced a 60-day comment period. Yesterday, June 29, the FDA announced that it will extend the 60 day comment period an additional 30 days. Abierto encourages all retailers to take advantage of the comment period, especially those retailers who find value in the suggested changes by the Common Sense in Menu Labeling Act. (Remember that the Common Sense Act is a bill passed by the Senate and it IS NOT the law. Currently, the FDA Menu Labeling regulation is the only law governing this matter.) Regardless of the specific outcome of the upcoming regulatory negotiations, and the influence that the comment period may have on the law, it is expected that restaurants and other food retailing establishments covered by the regulation will have to provide this type of information in some way, shape or form at all of their retail locations by May of 2018. Restaurants in general have started showing more support of a federal standard, arguing that it would replace the complicated patchwork of state and local regulations. Interested parties continue to watch California where the Menu Labeling deadline of on December 1st, 2016 when into effect as scheduled with an enforcement date of May 1st, 2017. There are no reports of enforcement actions in the first 60 days.

As of June 30th there are 815 registered comments to the FDA on this topic. If you would like to share your comments with the FDA, click here. The FDA will be accepting comments until August 2, 2017

Abierto will continue to update this blog as new developments transpire.