As previously covered on this blog, in May 2016, FDA issued final rules to implement changes to the nutrition and dietary supplement labeling and serving size regulations. Mandatory compliance with the new nutrition labeling requirements for food products that are initially introduced into interstate commerce is currently slated for July 26, 2018 (or July 26, 2019 for manufacturers with less than $10 million in annual food sales).  As the compliance deadline steadily approaches, some in the industry have sought to delay the rule’s implementation.

Most recently, during a March 22, 2017 House Agriculture Committee hearing, the Presidents and CEOs of the National Milk Producers Federation (NMPF) and the International Dairy Foods Association (IDFA) testified that the extension would obviate the need to change labels twice – once in 2018 to comply with FDA’s new requirements and a second time in 2021 when USDA’s GMO labeling disclosure requirements are expected to come into effect.  Representative Rodney Davis (Ill.) expressed his support for extending the deadline for compliance with FDA’s new nutrition facts and serving size requirements.

Given that many in the industry have started down the path of compliance with the new requirements, it is not immediately clear that implementation of the rule will be delayed, but with a new administration at the helm, this is certainly a possibility.