November 9, 2018
Authored by: Bryan Cave, Vanessa Fulton, Merrit Jones and Brandon Neuschafer
On November 5, the FDA released non-binding guidance intended to answer questions related to 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 2018. The FDA has extended that deadline to January 1, 2020 for manufacturers with $10 million or more in annual food sales. Manufacturers with less than $10 million in annual food sales have an extra year to comply, until January 1, 2021.
The May 2016 rules require a revamped Nutrition Facts label that, among other things,
- Increases the type size of certain nutrition information.
- Requires declaring actual amount, in addition to percent Daily Value, of vitamin D, calcium, iron and potassium.
- Requires declaring “Added sugars,” in grams and as percent Daily Value.
- Updates the list of nutrients that are required or permitted.
- Removes “Calories from