FMI Responds to FDA Surprise Release of “Final” Menu Labeling Guidance

Food Marketing Institute (FMI) President and CEO Leslie G. Sarasin offered the following statement regarding the surprising late Friday afternoon release of the U.S. Food and Drug Administration’s (FDA) purported “final guidance” related to the agency’s December 2014 final rule. The rule requires menu labeling at chain restaurants and “similar retail food establishments,” determined by FDA to include grocery stores, notwithstanding the inherent distinction between the operations of grocery stores and those of chain restaurants.

Sarasin said, “The guidance is largely a reprint of the draft guidance the agency released in September 2015 and did not incorporate the critical flexibility requested by the supermarket industry to make chain restaurant menu labeling regulations more practical in a grocery store setting for key areas, including signage at the salad bar or hot foods bar.

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“Unfortunately, FDA has been unable to address these issues through its guidance process, so we repeat the supermarket industry’s support for legislation that does address our concerns, the Common Sense Nutrition Disclosure Act (H.R. 2017/S. 2217), which passed the U.S. House of Representatives in February and is pending in the U.S. Senate.”