The Food and Drug Administration (the “FDA”) recently issued a proposed ruling to extend the implementation dates for the Nutrition Facts and Supplement Facts label final rules. The proposed ruling would extend the current 2018 and 2019 compliance dates to January 1, 2020 for companies with $10 million or more in annual food sales and January 1, 2021 for companies whose annual food sales are less than $10 million.

As discussed in a previous advisory, the Nutrition Facts and Supplement Facts label final rules were initially announced in May 2016 and set to be implemented in 2018 or 2019. Most notably, the final rules updated the Daily Reference Values based on current dietary recommendations, revised the format and appearance of the Nutrition Facts label and updated the list of nutrients which are required to be declared on the label.

The announcement of the proposed extended compliance dates is in response to among other things the industry’s continued concerns of not being able to successfully update product labels by the previously set compliance dates. The FDA is accepting comments from the industry on the proposed extension of compliance dates until November 1, 2017.

See more on the proposed rule: https://www.fda.gov/Food/NewsEvents/ConstituentUpdates/ucm577264.htm