Menu Labeling On Hold Until May 7, 2018

UPDATE (May 3, 2017): The FDA announced on May 1 that enforcement of the menu labeling rule is delayed until May 7, 2018. In addition, FDA is seeking comments “on the implementation of the menu labeling requirements, such as approaches to reduce regulatory burden or increase flexibility related to (a) calorie disclosure signage for self-service foods, including buffets and grab-and-go foods; (b) methods for providing calorie disclosure information other than on the menu itself; and (c) criteria for distinguishing between menus and other information presented to the consumer.” The 60-day comment period begins on May 4, 2017 and will end on Monday, July 3, 2017. Information on how to comment can be found here.”

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It appears the FDA is again pushing back the compliance date for its menu labeling regulations, which had been set for May 5, 2017.  Although the agency has not yet made an announcement of the 11th-hour delay, on Thursday it submitted an interim final rule to the White House Office of Management and Budget that signaled an extension. This will be the third delay of these regulations, which would require chain restaurants and similar retail food establishments to include calorie information on their menus or displays.  The regulations were first published on December 1, 2014, with an original compliance date of December 1, 2015.  There is now speculation that menu labeling may be off the table entirely under the current administration.