FDA will publish in the December 21, 2018 Federal Register a final rule that makes technical amendments to its 2016 final rule on Nutrition and Supplement Facts labeling.  The amendments, which are not substantive in nature, affect both 21 C.F.R. 101.9 (“Nutrition labeling of food”) and 21 C.F.R. 101.36 (“Nutrition labeling of dietary supplements”).

While there are many technical amendments addressed in the rule, some highlights include:

• Correcting cross references to other paragraphs in the regulations, spelling errors, and formatting errors;

• Providing new sample labels that fully comply with the new regulations (e.g., one sample label omitted information on the number of servings per container and serving size) and sample labels that had appeared blurry;

• Reordering the vitamin and minerals listed in the table at Section 101.9(c)(8)(iv) so that the mandatory nutrients (i.e., vitamin D, calcium, iron, and potassium) appear first in the list; and

• Removing language from Section 101.36(e) stating that calorie information in Supplement Facts boxes needs to be bolded text and in larger type.