As our readers are aware, in May 2016, FDA issued final rules to implement changes to the nutrition labeling and serving size regulations. Mandatory compliance with the new nutrition labeling requirements for food products was initially slated for July 26, 2018 (or July 26, 2019 for manufacturers with less than $10 million in annual food sales). In May 2018, FDA issued a final rule extending the compliance dates to January 1, 2020 for manufacturers with $10 million or more in annual food sales and January 1, 2021 for manufacturers with less than $10 million in annual food sales.

In response to recent comments from manufacturers with annual sales exceeding $10 million, FDA announced that it will effectively extend the compliance deadline again by declining to take enforcement actions during the first six months following the January 1, 2020 compliance date. According to a newly published statement from FDA, during this six month period, the agency “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.”