Proposed Changes to Nutrition Facts Panels Discussed at FDA Public Meeting

Article provided by Faegre Baker Daniels LLP. Authors are lawyers and consultants with Faegre Baker Daniels and part of the firm’s national food and agriculture industry group.

Christopher M. Leibundguth
David C. Lyons
Bradley A. McKinney

Other Authors
Steven B. Toeniskoetter

On Thursday, June 26, 2014, the U.S. Food and Drug Administration (FDA) held a public meeting in Washington, D.C. to discuss the two proposed rule changes to the Nutrition Facts panels seen on most packaged foods in the U.S. These would be the first substantive changes made to the labels since 2003.

Overview of Proposed Rules

The first proposed rule, Food Labeling: Revision of the Nutrition and Supplement Facts Labels, contains proposed changes to the format of the label, as well as proposed changes to which nutrients should be required to be listed on the label. Specifically, suggested changes include:

Below are illustrations of the current and proposed labels.



The second proposed rule, Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed At One-Eating Occasion; Dual-Column Labeling; Updating, Modifying, and Establishing Certain Reference Amounts Customarily Consumed; Serving Size for Breath Mints; and Technical Amendments, would alter serving sizes to better reflect portions actually consumed in one setting, also referred to as "reference amounts customarily consumed" (RACCs). For instance, a 20 ounce beverage's label would read "Amount Per Bottle" rather than "Amount Per Serving."

The following FDA staff members, each of whom played a role in drafting the proposed rules, were on hand to engage with stakeholders:

Takeaways from the Public Meeting

Representatives from FaegreBD Consulting covered the public meeting and noted the following key takeaways:

The rules were initially published in the Federal Register on March 3, 2014. The comment period, originally set to end June 2, 2014, was extended to August 1, 2014.

California League Of Food Producers