Menu Labeling Pushed Until End of Year

The FDA missed yet another self-imposed deadline for issuing calorie-count requirement guidelines.

March 04, 2014

WASHINGTON, D.C. – Americans will wait a little longer to find out how many calories are in menu items at chain restaurants with more than 20 U.S. locations, the National Review reports. The U.S. Food and Drug Administration missed its February deadline for issuing final rules on menu-labeling requirements.

The agency had indicated it would finalize those guidelines early this year, but instead has yet to finish the requirements. “We are currently reviewing comments submitted in response to the proposed rules and hope to issue final regulations by the end of the year,” said Theresa Eisenman, FDA spokeswoman.

The menu label requirement has come under attack from food retailers and others because of onerous rules and lack of clarity as to which type of establishment the guidelines would effect. In a 2013 interview, FDA Commissioner Margaret Hamburg indicated that crafting the rules had become very complicated. “There are very, very strong opinions and powerful voices both on the consumer and public health side and on the industry side, and we have worked very hard to sort of figure out what really makes sense and also what is implementable,” she said.

Proposed rules posted in April 2011 garnered more than 900 comments, which has met with supermarkets, small foodservice establishments and food chains to hear their concerns and suggestions. But three years has passed with the agency still not ready to submit final rules.

The NACS Position:
NACS supports the Common Sense Nutrition Disclosure Act (H.R. 1249/S. 1756), which outlines a less burdensome approach to menu labeling and includes language addressing the types of retail locations that are covered by federal menu-labeling requirements. For those convenience stores that would be covered by federal menu-labeling requirements, the act provides more flexibility with compliance.

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