3 Responses to FDA's Menu-Labeling Extension

WASHINGTON -- The U.S. Food and Drug Administration (FDA) has extended the compliance deadline for menu-labeling requirements from May 5, 2017, to May 7, 2018.

It is also requesting additional comments on how the agency can reduce regulatory burden or increase flexibility related to calorie disclosure signage for self-service foods, including buffets and grab-and-go foods; methods for providing calorie disclosure information other than on the menu itself; and criteria for distinguishing between menus and other information such as an advertisement.

A 60-day comment period will begin on May 4, when the Federal Register publishes the interim final rule.

“Retailers with many different and diverse business models have raised concerns about how the rule lacks flexibility to permit them to provide meaningful nutrition information to consumers given their type of business and different operations,” the final rule states.

Here’s how three retail groups, including the National Association of Convenience Stores (NACS), responded to news of the extension …

Alexandria, Va.-based NACS is applauding the menu-labeling delay and said it will submit comments on the interim final rule. It will also “continue to support legislation introduced in both the previous and current Congress.” That includes the Common Sense Nutrition Disclosure Act, which NACS said would provide a more practical and flexible approach among the various foodservice and retail establishments, including convenience stores, affected by the menu-labeling rule.

The Common Sense Nutrition Disclosure Act was introduced by Reps. Cathy McMorris Rodgers (R-Wash.) and Loretta Sanchez (D-Calif.) in 2015.

The National Grocers Association (NGA), Arlington, Va., is also applauding the extension.

“The menu labeling law, as originally passed by Congress, was intended to cover chain restaurants. But unlike chain restaurants, supermarkets operate in a variety of formats without standard menu items,” said Greg Ferrara, senior vice president of government relations and public affairs, in a statement. “We applaud the administration for acting swiftly to address the concerns of Main Street grocers and look forward to working with the FDA on important fixes to the regulation that will provide independent supermarkets with flexibility to be able to provide consumers with this information and protection from frivolous lawsuits as they work to implement this regulation in-store.”

Meanwhile, the Washington-based National Restaurant Association (NRA) expressed concerns that the delay was announced just days before the rule was supposed to take effect.

“This delay upends plans that have been in motion for years throughout the food industry,” said Cicely Simpson, executive vice president of government affairs and policy for the NRA. “We will continue to strongly advocate on behalf of what is best for small businesses and American consumers.”