November 13, 2017

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Is Restaurant Labeling like a Diet Plan that Never Starts?

The FDA recently released its Draft Guidance for Industry: Menu Labeling Supplemental Guidance, which proudly and prominently sstates “Contains Nonbinding Recommendations. Draft – Not for Implementation.”  


Seems that the FDA isn’t too sure about the rule, and others have taken notice.


Veneble LLP, points out the Menu Labeling laws might never get implemented.  [Source: Will FDA Be Forced To Eat Menu Labeling?]  As we’ve previously reported (Menu-Labeling Regulations: Congressional Subcommittee June 9th, FDA Clarifies Menu Labeling Compliance DateRestaurant Nutrition Labeling Deadline Extended) The FDA has extended the deadline several times.  The latest deadline is May 7th, 2017 – some 2 years 5 months and 6 days after the original 2015 deadline.


The PDF guidance document, impressive at 36 pages, provides very nice graphics with samples as to how the new rules might be implemented at the point of sale. However, the Veneble article says, “If the [restaurant] material’s “primary purpose” is it to “entice” customers into the establishment, then, according to FDA’s guidance, it need not include calorie disclosures.”  But more importantly  “This approach stumbles quickly. A menu facing outward on a restaurant window is intended “primarily” to “entice” and to offer specific food items for sale.”


With “food menu labeling” and “food enticement labeling” being very much open to interpretation its obvious Veneble has it right when they say ” If and when restaurants…implement…menu labeling requirements and [the] FDA brings enforcement…there is enormous potential for a regulatory and litigation morass.”


As always, for legal advice please consult your attorney. Knowledge Bank does not provide legal advice. Knowledge Bank provides the food and dietary supplement industries with science,  nutrition and regulatory advisory services.  We provide “health checkups” for your labels. “

June 5, 2017

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Menu-Labeling Regulations – Congressional Subcommittee June 9th

HEARING: #SubHealth to Examine Common Sense Solution to Menu-Labeling Regulations

Jun 2, 2017

WASHINGTON, DC – The Subcommittee on Health, chaired by Rep. Michael C. Burgess, M.D. (R-TX), announced a hearing for Friday, June 9, 2017, at 9 a.m. in room 2123 of the Rayburn House Office Building. The hearing is entitled, “Examining H.R. 772, The Common Sense Nutrition Disclosure Act of 2017.”

#SubHealth will examine committee member and House Republican Conference Chair Cathy McMorris Rodgers’ (R-WA), H.R. 772, the Common Sense Nutrition Disclosure Act of 2017, legislation to provide clarity and flexibility for small businesses from costly and burdensome regulations.

“The Trump administration’s announcement last month to delay the rule and reopen the FDA’s comment period was an important step for small businesses that have felt the burdens of the mandate. It also gives us an opportunity to reexamine how we best empower consumers with information,” said Chairman Burgess. “Next week’s hearing is an important opportunity to further discuss Rep. McMorris Rodgers’ bill and the FDA’s efforts in moving toward a more reasonable standard that works for both consumers and small businesses.”

The Majority Memorandum, witness list, and witness testimony for the hearing will be available here as they are posted.


December 2, 2016

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FDA Clarifies Menu Labeling Compliance Date

The, FDA is clarifying that the compliance date remains December 1, 2016, but … will not begin enforcing the final rule until May 5, 2017, which is one year after the date that the Notice of Availability for the final guidance published in the Federal Register.  As always, we recommend that companies consult with their legal counsel.  Remember that the FDA is not the only way rules are enforced. Our legal system also allows private enforcement.  See the FDA Menu and Vending Machines Labeling Requirements for further guidance and detail. 


Source: Constituent Updates > Clarification on Menu Labeling Compliance Date