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FDA delays menu labeling rules

As members of the restaurant industry eagerly await federal menu-labeling guidelines, the U.S. Food and Drug Administration said the complexity of the issue is delaying the promulgation of the regulations.

The agency was scheduled to issue its proposed restaurant menu-labeling rules yesterday but missed its deadline. Sources say they expect the rules to be published imminently.

In a statement, the agency said: "FDA has been working carefully to implement this new law and has received a great deal of input from a wide variety of stakeholders. Based on the comments submitted and the work thus far, FDA is acutely aware of the complexity of the new law and that both consumers and the food industry may need additional guidance and time in order to comply with these provisions.

“We expect only a short delay in getting these documents out, and it is a reflection of the complexity of this issue, but most important an indication that the FDA is willing to work with all interested parties to ensure the best policy is presented,” the FDA said. “We are committed to helping the public get clear and simple information about the food they buy and using a common sense approach to implement this law."

While the industry generally supports a federal menu-labeling rule, lobbyists have long maintained that nutrition disclosure is a complicated issue and have argued against implementing a one-size-fits-all approach.

“This issue sounds very simple on the face of it, but when you start thinking about it, it becomes extremely complicated,” said Scott Vinson, vice president of the National Council of Chain Restaurants. “How do you label items that have different methods of preparation or variations?

“Do you offer a range of calories?” he said. “If so, what is that range? Can it be as high as 2,000 calories? Is that useful to the consumer and does it meet the intent of the law to provide consumers with actionable information? We don’t think so.”

Signed into law as part of the Patient Protection and Affordable Care Act of 2010, the menu labeling provision, Section 4205, states that chains with 20 or more outlets across the country must post calorie information on menus and menu boards.

Contact Paul Frumkin at [email protected].

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