FDA Will Be Flexible in Enforcing New Nutrition and Supplement Facts Labeling Requirements for Small Food Manufacturers

Hanson Bridgett LLP

Hanson Bridgett LLP

Key Notes

  • FDA announces flexible approach to enforcement of Nutrition and Supplement Facts labeling requirements for small food manufacturers and manufacturers of packaging for single-ingredient sugars, in part due to the impacts of COVID-19.

The FDA adopted final rules updating the Nutrition and Supplement Facts1 labeling requirements (the “Rules”) that are effective on Jan. 1, 2021 for small manufacturers, which consist of those with less than $10 million in annual sales. An FDA Constituent Update dated Sept. 18, 2020, indicates the FDA will take a flexible approach to enforcement of the Rules at least through 2021, in part due to COVID-19 impacts. This additional flexibility includes manufacturers of packages and containers of single-ingredient sugars, regardless of the size of the manufacturer.

Earlier this year, the FDA provided similar flexibility to food manufacturers with more than $10 million or more in annual sales to comply with the Nutrition and Supplement Facts labeling requirements by the Jan. 1, 2020 deadline.

Although the Rules for small manufacturers will be effective Jan. 1, 2021, the FDA’s softened enforcement approach should provide some comfort to food manufacturers as they implement necessary changes.

1 21 CFR Part 101. On May 27, 2016, the FDA published final rules on new Nutrition Facts labeling requirements on packaged foods to reflect new scientific information.

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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