COVID-19 Update: FDA Issues Temporary Policy for Menu Labeling Requirements and Updates COVID-19 Guidance

Hogan Lovells

This memorandum summarizes recent actions the U.S. Food and Drug Administration (FDA) has taken in response to the COVID-19 outbreak. First, FDA has issued a temporary policy to provide flexibility to chain restaurants and similar retail food establishments currently required to provide nutrition information on menus and menu boards. 1/ In light of the need for many of these entities to change their business practices quickly (e.g., switching from dine-in to takeout only or making menu substitutions), FDA will not object to establishments that do not meet applicable menu labeling requirements. This temporary policy will remain in effect only for the duration of the COVID-19 public health emergency. Second, FDA has again updated its questions and answers guidance on COVID-19 with information on glove use by workers in food retail and processing during a pandemic.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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