FDA publishes proposed rule on caloric labeling of food products for sale in vending machines

On July 12, 2018, the Food and Drug Administration (FDA) issued a proposed rule titled, Revisions to Certain Requirements for Calorie Labeling on Glass-Front Vending Machines.  FDA took this action in response to requests from the vending and packaged foods industries to reduce the regulatory burden and increase flexibility, while continuing to provide calorie declarations for certain articles of food sold from vending machines.  The FDA is now proposing that the type size of the calorie declaration be at least 150 percent (1.5 times) of the size of the net quantity of contents (i.e., net weight) declaration. The FDA also is soliciting comments on two alternative approaches: requiring the calorie information to be in a type size that is at least 100 percent of the size of the net quantity of contents declaration; or no specific size for visible nutrition information.  FDA expects to exercise enforcement discretion with regard to the compliance deadline and also with regard to gums, mints, and roll candy products too small to bear Front of Package labeling.

The FDA has certified that the rule will not have a significant economic impact on a substantial number of small entities because the final rule does not impose burdens to the suppliers of vending machine foods.  Advocacy is interested in whether FDA’s certification has merit.

• The proposed rule can be found at: https://www.gpo.gov/fdsys/pkg/FR-2018-07-12/pdf/2018-14906.pdf.
• Written or electronic comments on the proposed rule are being accepted for 75 days, until September 25, 2018. Submit electronic comments to http://www.regulations.gov.
• Advocacy Contact: Linwood Rayford(link sends e-mail) or call 202-205-6533.