FDA Grants Six Month Enforcement Discretion for Nutrition Facts Compliance

American Food and Drugs Administration (FDA) has granted food manufacturers a six-month enforcement discretion for the new Nutrition Facts Labeling (NFL) rules.

The new rules will have a sweeping impact on food manufacturers, retailers and distributors in the US. Food imported will also need to meet these requirements. Every package of food sold in the US, regardless of distribution channel, will require a new Nutrition Facts label.

The new format will drive fundamental changes to the way in which nutritional information is being conveyed to consumers. These are the most dramatic changes to nutrition policy in over 20 years. The changes come at a time when health and wellness are evolving as drivers of consumer purchasing decisions with demand increasing for more transparency.

Major stipulations of the finalized regulations include the following:

• A revised format which highlights calories and servings;
• Focus on serving size that better reflects amounts that people commonly consume;
• “Dual column” labels for packages containing products that could be consumed in one sitting or multiple sittings to indicate both “per serving” and “per package” calorie and nutrition information;
• Added sugars to be included with the percent daily value (%DV);
• Updated daily values for several nutrients including fat, carbohydrate, sodium and dietary fiber;
• Actual gram amount for calcium, iron, vitamin D and potassium in addition to %DV;
• Listing vitamins A and C is no longer mandatory but can be included voluntarily;
• Listing “Calories from Fat” is no longer permitted;
• Revised footnote to better explain the %DV.

American Bakers Association saluted the decision. “The baking industry has always been transparent with its customers and consumers. Product labeling is an important component to helping customers and consumers to make informed choices about the products they buy to feed their families. ABA is pleased our members will be given more flexibility in order to meet the new labeling requirements,” said Robb MacKie, President & CEO of the American Bakers Association.

At the beginning of October, ABA – as part of the Food & Beverage Issue Alliance (FBIA) – requested enforcement discretion for the new Nutrition Facts Labeling rules. Through dialogue with their members, they learned that 20-30% of products would need additional time for the substantial label changes.

Because of this request, and others like it, the FDA will work cooperatively with manufacturers to meet the new requirements and will not focus on enforcement actions regarding the new NFL requirements for the first 6 months following the January 1, 2020 compliance date.

The FDA has also added a Q&A section to its website to inform the industry of its intentions.

Members may contact ABA Government Relations or the FDA’s Center for Food Safety and Applied Nutrition Outreach and Information Center to assist in understanding and complying with the required change to the NFL.

On the other hand, AIB International can help businesses become compliant with new rules. Once a business has the package label developed, AIB International can review the information to ensure that it is compliant with government regulations. Afterward, AIB can issue a report itemizing any elements that may not comply, so they can be adjusted and planned accordingly.