FDA releases “Menu Labeling Supplemental Guidance”

Early last week, the FDA released its “Menu Labeling Supplemental Guidance” which addresses the requirement to have nutrition facts on restaurant menus. Though the guidance is headed by a statement that it “contains non-binding recommendations,” it outlines the ways in which “covered establishments” should go about fulfilling the nutrition labeling required for foods sold and FDA labeling regulations for “away from home” foods. The FDA announcement of the guidance also noted that it will exercise regulatory discretion related to “calories from fat” label requirements. “This means that, during this period, we do not intend to enforce this regulatory provision as it currently applies to ‘calories from fat’ declarations. We are taking this position because the current science supports a view that the type of fat is more relevant with respect to the risk of chronic disease than the overall caloric fat intake.” — WLJ