WASHINGTON – Late last week the Food and Drug Administration issued its final guidance on menu-labeling regulations, with a final date of May 2017 for compliance—17 months after compliance was initially slated to take place. 

After reviewing the final document, NACS counsel determined that the May 2017 compliance date is about the only language the FDA updated from its draft guidance, which was issued on November 25, 2014 and made available to NACS members. 

“The FDA has done a disservice to convenience stores by willingly ignoring our industry’s interest in providing calorie information to consumers in a way that is actually helpful,” said Lyle Beckwith, NACS senior vice president of government relations at NACS. “Rather than take into account the practicality of our industry’s ability to comply with the law, the FDA has moved ahead with menu-labeling requirements designed for chain restaurants and not convenience store foodservice programs.”

Given the FDA’s inaction, changes to the current law only will be possible through congressional action. Beckwith continued that legislation that already passed the U.S. House of Representatives in February, the Common Sense Menu Disclosure Act, and companion legislation in the Senate (S. 2217) would ensure consumer choice and make it possible for convenience stores to comply with the menu-labeling law. 

Guidance available to NACS members is available here.