FDA Issues Supplemental Guidance to Assist Industry with Menu Labeling

Earlier this week, the FDA released the draft guidance Menu Labeling: Supplemental Guidance for Industry, a more detailed guidance for industry document than previously published. The question-and-answer style draft guidance features 22 different graphics to illustrate the Menu Labeling Regulations.

The agency will accept comments on this draft guidance from Nov. 9, 2017 to Jan. 8, 2018. Consumers can expect to see menu labeling in covered establishments nationwide by May 7, 2018.

The draft guidance includes comments received on the May 2017 interim final rule (IFR) extending the compliance date for the Menu Labeling Final Rule from May 5, 2017, to May 7, 2018. Those comments address concerns that have been raised including:  

• Calorie disclosure for self-service foods, such as buffets and grab-and-go foods
• Accounting for the natural variation of foods
• Criteria for covered establishments
• Determining standard menu items
• Criteria for distinguishing between menus and other information presented to the consumer, like marketing materials
• Various methods for providing calorie disclosure information on foods such as pizza
• And practical ways for industry to comply with these provisions

The agency is withdrawing two questions from the previous Menu Labeling Guidance that pertained to marketing materials. This guidance document should provide clarity on the various ways covered establishments can meet regulations.

For Additional Information

• Federal Register Notice - Menu Labeling: Supplemental Guidance for Industry 
• Menu Labeling: Supplemental Guidance for Industry (Draft) 
• Guidance for Industry: A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods – Part II (April 2016 Menu Labeling Guidance) 
• Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date and Request for Comments 
• Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Final Rule