• As covered on this blog, the Food and Drug Administration issued draft guidance for industry on November 7, 2017 with examples and clarification on the Affordable Care Act’s requirements for menu labeling.  The compliance date for the menu labeling provisions for covered establishments, i.e., restaurants or similar retail food establishments (in chains of 20 or more locations doing business under the same name and selling substantially similar menu items), is today, May 7, 2018.
  • FDA today finalized the draft guidance document, titled Menu Labeling: Supplemental Guidance for Industry, with some changes.  In a Constituent Update, FDA promises the final guidance now addresses issues that industry had complained were unclear in the draft guidance.  FDA also confirmed its intent to allow establishments a reasonable opportunity to make corrections for minor violations of the menu labeling provisions.
  • Keller and Heckman is closely analyzing the finalized Menu Labeling: Supplemental Guidance for Industry.  Interested parties who may have questions on how to comply with the menu labeling provisions may contact us at fooddrug@khlaw.com.