WASHINGTON -- Little more than a week before the scheduled start of the Food and Drug Administration’s (FDA) menu-labeling requirements, news broke of yet another potential delay.
The FDA revealed its intent to postpone the rules in a government filing that has yet to be made public on a broad basis, according to NACS, which did not say when the FDA intends to start enforcement, or why it decided on the delay.
The documents cited by NACS are listed as not yet published on government websites, and the FDA did not respond to CSP’s inquiry for comment before press time.
The mandate for chain restaurants and retailers to reveal nutritional information on their menu boards is part of the Affordable Care Act (ACA). Republican leaders of the House of Representatives recently aired a new omnibus healthcare bill that would replace the ACA. The new effort follows a failure to repeal the ACA and replace it with a new measure several weeks ago.
Menu labeling, as spelled out in the ACA, is favored by the National Restaurant Association and other restaurant-driven groups as a better alternative to the hodgepodge of existing state and local rules. NACS, along with the National Grocers Association, has opposed the rule as it is written, arguing it does not take into account the varying styles of foodservice found in large chain restaurants, convenience stores and grocers. A delay could allow the industry to continue its fight to change the rules.
“The FDA’s regulations add unfair costs and compliance barriers to establishments with offerings that do not appear on a centralized ‘menu’ board, and establishments that may have multiple coffee, frozen drink and food islands, as opposed to the central ordering point in a traditional fast-food restaurant,” NACS said in a statement. “The regulations also place a store or restaurant at risk for criminal penalties if it gives some customers larger servings than they expected based on the calorie information provided.”
The news is the latest in a long string of delays and debates since federal menu-labeling became a possibility. Most recently, in late November, the FDA created confusion and concern when it announced compliance would go into effect Dec. 1, while enforcement would begin May 5. After a backlash of criticism, it quickly announced that compliance and enforcement would both move to May 5.
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