FDA grants 6-month period of enforcement discretion for Nutrition Facts label changes
In an update to its Industry Resources on the Changes to the Nutrition Facts Label webpage the FDA said it did not intend to take enforcement actions related to the new nutrition labeling requirements for the first six months following the January 1, 2020 compliance date for businesses with more than $10m in annual food sales (firms with less than $10m in annual food sales have until January 1, 2021).
The move follows multiple stakeholder requests for additional time, said the agency:
I understand that FDA has received multiple requests from manufacturers to provide additional time to comply with the new requirements. Do I still have to meet the January 1, 2020, compliance date?
The FDA has heard from several manufacturers and groups that more time may be needed to meet all of the requirements. Therefore, during the first 6 months following the January 1, 2020, compliance date, FDA plans to work cooperatively with manufacturers to meet the new Nutrition Facts label requirements and will not focus on enforcement actions regarding these requirements during that time.
The American Bakers Association - one of several food trade associations that had asked for such a move - said its members had reported that "20-30% of product would need additional time for the substantial label changes."