• by Karlene Lukovitz  @KLmarketdaily, November 7, 2017

The Food and Drug Administration appears to be adhering to its recent agreement to stop delaying implementation of menu labeling.

In September, consumer activist groups agreed to suspend a lawsuit against the agency in return for the FDA’s signing a legal agreement specifying that it will implement the rules requiring posting of calories on menus no later than May 7, 2018. 

The agency also agreed not to weaken the rules, and to issue guidance to the industry on implementing the rules by the end of this year. 

The FDA has now issued draft guidance about how the calorie-posting requirements might be met in stores, restaurants and other foodservice venues. 

In announcing the guidance, FDA Commissioner Scott Gottlieb said the guidance offers “practical solutions” based on input from a wide variety of out-of-home food purchasing channels, “ranging from traditional restaurant menus to grab-and-go foods at grocery and convenience stores.”

Gottlieb cited some highlights. Notably, the FDA decided that posters, billboards, coupon mailings and other marketing materials should not be defined as menus, and therefore need not include calorie counts.

Supermarket and convenience store managers with self-service buffets or beverage stations may opt to put an individual calorie posting sign next to each item, but may also choose other methods, such as a single sign posting that summarizing calorie information for items, visible while consumers are making their selections.

The guidance also includes suggestions for pizza chains on how to comply with calorie posting in the context of myriad topping combinations consumers order.

“We have made many other clarifications and accommodations in the draft guidance to make sure implementation of the new menu labeling requirements goes forward on our stated timeframe and succeeds for the long term, Gottlieb said.