The FDA has announced that it is delaying implementation of the Nutrition Facts and Supplement Facts Label and Serving Size final rules.  As we previously reported, the rules were finalized in May 2016 and initially set a general compliance date of July 26, 2018, although manufacturers with annual food sales of less than $10 million were given an additional year to comply.

The FDA did not elaborate on the new timeframe for implementation, but stated in a revised online guidance that it will provide details of the extension through a Federal Register Notice at a later time.

The rules require a revamped Nutrition Facts format that would increase the type size of certain nutrition information, require mandatory declarations for “added sugars,” Vitamin D and potassium, impose a new definition of “dietary fiber,” and revise serving sizes for certain food products.

The FDA explained that the extension was in response to feedback from industry and consumer groups, and will balance industry’s request for more implementation time and to reduce costs, with the importance of minimizing the transition period during which consumers will see both the old and the new versions of the label in the marketplace.

Consumer Groups Sue FDA Over Delay in Implementing Menu Calorie Labeling Rule

In another FDA update, two consumer groups groups have sued the FDA over its decision to extend the compliance date for its calorie labeling rules, which require posting calorie information on all menu items. As we previously reported, just one day

The current food label will soon be no more. After two decades, the Food and Drug Administration (FDA) just finalized the new Nutrition Facts label for packaged foods. Making it easier for consumers to make better informed food choices, the FDA announced that the changes are based a combination of public input, updated scientific information, new nutrition and public health research, and more recent dietary recommendations from expert groups.

Highlights of the changes include:

The Refreshed Label 

• While the label’s appearance will generally remain the same, to highlight certain information the new label includes changes such as increasing the type size for “Calories,” “Servings per Container,” and the “Serving Size” declaration, and bolding the number of calories and the “Serving Size” declaration to highlight this information.
• In addition to percent Daily Value of vitamin D, calcium, iron and potassium, manufacturers must declare the actual amount. For other vitamins and minerals, manufacturers can voluntarily declare the gram amount.
• To better explain the meaning of Daily Value, the footnote is being changed to read: “*The % Daily Value tells you how much a nutrient in a serving of food contributes to a daily diet. 2,000 calories a day is used for general nutrition advice.”

New Nutrition Science Information 

• “Added sugars,” in grams and as percent Daily Value, will be included on the label.
• The FDA updated the list of nutrients required or permitted to be declared and now requires that vitamin D and potassium are included on the label.