Constituent Update 

December 13, 2023

The U.S. Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled Menu Labeling: Supplemental Guidance for Industry (Edition 2). To respond to frequently asked questions regarding menu labeling requirements, the draft guidance, once finalized, will update the existing guidance and addresses the voluntary declaration of added sugars and the voluntary declaration of nutrition information for menus on third-party platforms.

On November 6-8, 2023, the FDA hosted a virtual public meeting and listening session to explore what federal agencies, communities, and private industry are doing to encourage the reduced consumption of added sugars.  Issuing this draft guidance is one important step that the FDA can take to make progress towards this goal.  

In 2014, the FDA finalized a rule requiring that covered establishments list calorie information on menus and menu boards for standard menu items and provide additional written nutrition information on request, including information on total fat, saturated fat, trans fat, cholesterol, sodium, total carbohydrates, fiber, sugars, and protein.  

Encouraging covered establishments to voluntarily include added sugars as part of the additional written nutrition information currently required will align the draft guidance with the requirement that added sugars be declared on the Nutrition Facts label for packaged foods. Additionally, with the popularity of third-party platforms, such as third-party online ordering websites and delivery applications, the guidance discusses the voluntary use of the menu labeling requirements, such as calorie disclosures for standard menu items, to help consumers make informed decisions when ordering their meals online. The new questions proposed by the draft guidance are 5.8 and 7.5.

Submit comments on the new questions proposed by the draft guidance within 60 days after publication in the Federal Register to ensure that they are considered before work begins on the final version of the guidance. Submit electronic comments to www.regulations.gov to docket number FDA-2011-F-0172. Written comments should be submitted to the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. All written comments should identify the docket number FDA-2011-F-0172.   

For More Information 

• Federal Register Notice for the Draft Guidance (December 2023) 
• Draft Guidance for Industry: Menu Labeling Supplemental Guidance - Edition 2 (December 2023) 
• Guidance for Industry: Menu Labeling Supplemental Guidance (May 2018) 
• Guidance for Industry: A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods-Part II (May 2016) 
• Final rule: Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments (December 2014)