FDA Announces Six-Months of "Enforcement Discretion" for NFP Final Rule

Today, representatives from the U.S. Food & Drug Administration (FDA) alerted IBA and other food advocacy groups that it will implement a six-month period of enforcement discretion as it reviews compliance with the Nutrition Facts Panel (NFP) final rule. FDA's announcement comes in response to much stakeholder outreach, including a September letter from the Food & Beverage Issue Alliance, regarding the January 1, 2020 deadline.

In the letter, IBA and other FBIA members requested an enforcement discretion period so that manufacturers could finish using the last of their existing packaging in the few months after the compliance deadline. The letter also cited the notable delay of several final guidance documents necessary to comply with the rule.

FDA's NFP Industry Resources webpage now includes the following:

I understand that FDA has received multiple requests from manufacturers to provide additional time to comply with the new requirements. Do I still have to meet the January 1, 2020, compliance date? The FDA has heard from several manufacturers and groups that more time may be needed to meet all of the requirements. Therefore, during the first 6 months following the January 1, 2020, compliance date, FDA plans to work cooperatively with manufacturers to meet the new Nutrition Facts label requirements and will not focus on enforcement actions regarding these requirements during that time.