In response to requests received from multiple stakeholders, FDA has agreed, in effect, to exercise enforcement discretion relative to the new Nutrition Facts panel (NFP) for six months following the initial January 1, 2020 compliance date. The agency is doing so through a new Question and Answer (Q&A) in the Compliance section of its Industry Resources on the Changes to the Nutrition Facts Label:
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.
This means that FDA will not initiate enforcement action for noncompliance with its revised NFP labeling requirements until July 1, 2020, at the earliest.
Additionally, the agency has advised that it is available to assist stakeholders in understanding and complying with the required changes to the NFP by contacting FDA’s Center for Food Safety and Applied Nutrition Outreach and Information Center.
If you have any questions about FDA’s new Q&A and/or the compliance date for placing the revised NFP on your food labels, please contact OFW Law.