FDA Provides Additional NFP Flexibility for Smaller Manufacturers

The U.S. Food & Drug Administration (FDA) announced additional flexibility for manufacturers who need to comply with updated Nutrition and Supplemental Facts label requirements by January 1, 2021. This upcoming compliance date applies to manufacturers with less than $10 million in annual food sales.  Although the compliance date will remain in place, FDA will not focus on enforcement actions during 2021 for these smaller food manufacturers.   FDA provided the same flexibility for manufacturers with $10 million or more in annual sales, who were required to comply with the Nutrition and Supplement Facts label requirements by January 1, 2020, by indicating it would not focus on enforcement actions during 2020.   This announcement comes after IBA and other members of the Food & Beverage Issue Alliance (FBIA) submitted a letter requesting FDA to grant small businesses additional flexibility for the new Nutrition and Supplemental Facts labeling rules. This letter built upon FBIA's successful advocacy efforts last year, resulting in FDA granting one year of enforcement discretion to companies with greater than $10 million in annual sales. IBA applauds FDA for taking into consideration the time and complexity involved in making changes to product labels, in particular, for smaller companies.