Blog

Menu labeling mandate pushed back one year

Although the 12 month delay is welcome by some, brands should not use this time to rest on their laurels. Menu labeling is not going away and the faster restaurant operators can take the step toward compliance the better off they will be when the regulations do take effect.

July 9, 2015 by Betsy Craig — pres, menutrinfo.com

I have heard the rumblings since early May, but today it is official: The menu labeling mandate is now set to begin Dec. 1, 2016, one year after the previous 2015 deadline.

What this means for the industry depends on your position within it. The National Restaurant Association came out with a statement on its support of the delay. From the NRA:

"The National Restaurant Association has long supported a nationwide, uniform menu-labeling standard for chain restaurants that provides flexibility for restaurants and preempts a patchwork of state and local laws. As the FDA prepares further guidance, we continue to work with the agency to address issues of concern for the restaurant industry and ensure a smooth transition for restaurants and consumers alike."

One thing the delay does is give the FDA time to figure out from the top down some of the finer details of the menu labeling legislation. There were a number of questions left to be answered on  details of the regulations. For example, alcohol labeling (included out of nowhere) and pizza serving sizes can be further addressed. The pizza segment's variables in shape, size, range and toppings made it more difficult for the more than 700,000 locations to conform to a one-size-fits-all approach. This led to a ton of questions in regard to the correct labeling of Chicago-style pizza, specifically surrounding pizza slices that are square cut rather than triangle.

Other questions loomed concerning serving sizes, what constitutes a soda size and how many ounces must restaurant operators display. Additionally, there are questions surrounding which organization will be the enforcing body and/or what the penalties will be for noncompliance. Giving everyone another 12 months will make things much clearer and easier for all concerned.

The extended deadline is great news for restaurant operators who had not yet taken the steps to meet the December 2015 deadline. This will give everyone more time to plan, craft and carry out their menu labeling strategies.

Many brands are still moving forward as planned, which is great news because they will ahead of the curve. And for the brands that have been in compliance since the beginning of the proposed legislation, they will continue to be seen as brand leaders. Others will look at what they've done and will follow suit, especially if these menu labeling leaders have done it right and in a way that connects with consumers.

Sharing the information and getting it out there is something that has been planned and will continue to happen for brands that have the wheels moving forward. For those brands still confused by menu labeling, the extra time will be an opportunity to further dive into the regulations and what they mean. And as the FDA continues to work to clarify some of the finer details, everyone will benefit. This means everyone can step back, stop panicking and take a small breath.

Although the 12 month delay is welcome by some, brands should not use this time to rest on their laurels. Menu labeling is not going away and the faster restaurant operators can take the step toward compliance the better off they will be when the regulations do take effect.  We should all use the extra 12 months to the best of our advantage and make the right choices now to act rather than react moving forward.

About Betsy Craig

---

To date MenuTrinfo is responsible for menu nutritional information at over 100K US restaurants, food allergy and gluten free ANAB accredited training for hundreds of thousands of food service professionals. AllerTrain is the chosen food allergy training by NEHA providing continuing educational credit hours for those that take and pass its course. Finally, MenuTrinfo delivers food allergy confidence and allergen transparency to today’s food allergic consumer through its onsite division offerings, AllerCheck, Certified Free From allergens for spaces and food products which is an ISO 17065 certification and expert consultation and incident response support when needed.

Connect with Betsy: