Updates to the FDA Menu Labeling Requirements

The US Food and Drug Administration (FDA) has released a new draft guidance on menu labeling, which represents a notable revision of the 2014 rules. According to the current regulations, restaurants, franchises, and similar businesses with 20 or more locations are required to provide nutritional information for their menu items. This obligation also applies to concession stands, pizza delivery services, and vendors offering both alcoholic and non-alcoholic beverages. The rules encompass any food meant for immediate consumption on-site or shortly thereafter. Below is a brief overview of the nuances of these proposed changes and their potential impact on restaurant menu labels. 

Introduction to FDA's New Draft Guidance 

The FDA’s recently released draft guidance is called “Menu Labeling: Supplemental Guidance for Industry (Edition 2)”. This document is designed to provide further clarification and expansion on the existing menu labeling requirements. The focus of the guidance is primarily on standard menu items offered by specific restaurants and retail food establishments, aiming to ensure that consumers have access to clear and accurate information about the nutritional content of the food they consume. 

Current Menu Labeling Requirements 

Since 2014, the FDA has required calorie information to be listed on menus and menu boards for standard items in certain restaurants and similar retail food establishments. Although not required, establishments outside of those identified in the regulations face pressure from consumers to meet the same nutritional transparency requirements. The FDA regulations were designed to provide clear and consistent nutritional information to help consumers make informed choices.

Highlights of the Proposed Changes 

Overall, the new guidance emphasizes fostering enhanced communication of nutritional values and addresses the growing prominence of third-party platforms as avenues for accessing food-related information. The new guidance proposes several significant changes: 

• Voluntary Declaration of Added Sugars: The draft suggests that establishments may voluntarily declare added sugars in the supplementary nutrition data that can be provided upon request. This presents an opportunity for consumers to gain a more comprehensive understanding of the sugar content in their food choices. 
• Nutrition Information on Third-Party Platforms: The guidance addresses the presentation of nutrition information for. The discussion centers around ensuring that this information is accurately conveyed and easily accessible to consumers using these platforms to make informed dining decisions. 

Implications for Restaurant Menu Labels 

These changes could have various impacts on restaurants: 

• Menu Design: The inclusion of added sugars and other nutritional information might necessitate redesigning menus to accommodate this new data. 
• Consumer Decision-Making: With more comprehensive nutritional information available, consumers may make different dining choices. 
• Compliance and Health Awareness: Compliance with these guidelines can enhance public health awareness and demonstrate a restaurant's commitment to transparency. 

Industry Response and Adaptation Strategies 

Adapting to these changes can provide restaurants with a competitive advantage in a rapidly evolving market while also catering to the health-conscious needs of their patrons. To address these changes, restaurants may want to consider implementing several key strategies. This could involve updating both digital and physical menus to accurately reflect current offerings, pricing, and nutritional information. Staff members should be trained to effectively communicate the updated menu details when interacting with customers. In addition, it may be necessary for restaurants to reformulate menu items to offer healthier dining options that align with evolving dietary preferences. 

Public Commentary and Next Steps 

As the restaurant industry continues to evolve, staying abreast of these regulatory changes is vital. Restaurant owners and managers are encouraged to review the full draft guidance and consider its implications for their operations. The FDA has invited public comments on the draft guidance within 60 days of its publication. The feedback received will play a crucial role in finalizing the guidance. 

Read more about the FDA's draft guidance on menu labeling to understand its full scope and implications.