On July 9, 2015, the U.S. Food and Drug Administration (FDA) announced that it is extending the date of compliance for the Final Menu Labeling Rule until December 1, 2016. Previously compliance had been required by December 1, 2015. FDA’s announcement may be found here. The prepublication Federal Register notice may be found here. FDA has also announced that it intends to issue additional draft menu labeling guidance addressing frequently asked questions in August 2015. Please contact Erik Lieberman at erl1@liebermanpllc.com or 202.830.0300 if you have questions or would like additional information.  A Lieberman PLLC Regulatory Alert on this topic may be found here.  A helpful webinar replay reviewing menu labeling compliance requirements may be found here.

FDA released the Final Menu Labeling Rule on November 25, 2014. The Rule requires restaurants, supermarkets, convenience stores and other establishments to conspicuously post calorie information and provide additional written nutrition information to consumers for foods on display, self-service items and items that appear on menus and menu boards.

Key Points

  • FDA has delayed the compliance date for the Final Menu Labeling Rule from December 1, 2015 to December 1, 2016.
  • FDA intends to release draft guidance on the Final Menu Labeling Rule addressing frequently asked questions in August 2015.