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FDA Extends Compliance Dates for Nutrition and Supplement Facts Label and Serving Size Final Rules

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On Tuesday, June 13, the United States Food and Drug Administration (FDA) announced it was extending the compliance dates for its final rules for Nutrition and Supplement Facts Labeling and Serving Sizes.

The Nutrition and Supplement Facts Label final rule, finalized in May 2016, amended the FDA's labeling regulations for conventional foods and dietary supplements to "provide updated nutrition information to assist consumers in maintaining healthy dietary practices." The final rule updates the list of nutrients that are required or permitted to be declared, along with a change in the units used to declare certain nutrients; provides updated Daily Reference Values and Reference Daily Intake values that are based on current dietary recommendations; amends requirements for foods manufactured for children under the age of four, as well as pregnant and lactating women; and revises the format and appearance of the Nutrition Facts and Supplement Facts label.

The companion Serving Size final rule, also finalized in May 2016, was issued by the FDA to "define a single-serving container; require dual-column labeling for certain containers; update, modify, and establish several reference amounts customarily consumed (RACCs); amend the label serving size for breath mints; and make technical amendments to various aspects of the serving size regulations."

Both the Nutrition and Supplement Facts Label and Serving Size final rules required compliance by July 2018 for most manufactures and permitted an extra year of compliance until July 2019 for manufacturers with less than $10 million in annual sales. New compliance dates have yet to be announced.

According to the FDA, the extension of the compliance dates is "guided by the desire to give industry more time and decrease costs, balanced with the importance of minimizing the transition period during which consumers will see both the old and the new versions of the label in the marketplace."

The FDA is expected to provide formal details on the compliance dates extensions through a Federal Register notice. Earlier this year, the FDA extended the compliance date for its final rule governing menu labeling requirements. To learn more about menu labeling requirements, click here.

For more information about how this issue may affect your business or related matters, please contact the author of this alert, Kyle Diamantas or any member of the Firm's FDA Group.

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