FDA announces temporary flexibility regarding nutrition labeling due to COVID-19 pandemic

The U.S. Food and Drug Administration (FDA) announced yesterday two policies to provide flexibility with respect to nutrition labeling requirements during the COVID-19 pandemic.

First, the agency committed to work cooperatively with all manufacturers for the remainder of the year regarding the use of updated Nutrition and Supplement Facts labels and will not focus on enforcement actions during this time. FDA had previously announced this form of enforcement discretion for the first six months of implementation after the January 1, 2020 compliance date, which has now been extended until January 1, 2021.

Second, FDA also issued a new guidance document that details the conditions under which a restaurant or food manufacturer may sell packaged food labeled for foodservice use (i.e., without nutrition labeling) directly to consumers. We summarize this guidance in this post.

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