Franchising & Distribution Law Blog

After repeated delays, the compliance deadline for the Food and Drug Administration’s (FDA) new federal menu labeling rules — requiring disclosure of nutrition information for standard menu items — is set for May 7, 2018. After repeatedly being postponed, the FDA announced that the rules will not be postponed any longer and will be enforced as of that date.

Although most prominent for its overhaul of national healthcare insurance rules, as part of its overall dedication to the improvement of American health, the Patient Protection and Affordable Care Act (“ACA”) also mandated regulations governing food labeling requirements in an effort to promote conscious, and hopefully healthier, food choices by American consumers. As its core directive on this issue, the ACA required the posting of calorie and other nutrition information for food items sold at restaurants and similar retail food establishments that are part of a chain of twenty (20) or more locations doing business under the same name and offering the same or substantially similar menu items. Similarly, subject to certain exceptions, all vending machine operators who own or operate more than 20 vending machines must disclose the calorie information for their goods.