FDA relaxes Nutrition Facts label requirements amid COVID-19 food security crisis

27 Mar 2020 --- In light of the COVID-19 pandemic, the US Food and Drug Administration (FDA) is granting temporary flexibility to restaurants and food manufacturers in the nutritional labeling of certain packaged foods. The new rule will allow consumers to directly buy some food not labeled for retail sale, as many restaurants may have purchased ingredients no longer suitable for restaurant food preparation. In some cases, the FDA will not object if a packaged food lacks a Nutrition Facts label, provided other information demands are met. This move comes as many countries are struggling to ensure that there is ample food for their populations throughout coronavirus-induced quarantine.

For restaurants that intend to sell packaged food – either to consumers directly or to other businesses for sale to consumers – a Nutrition Facts label is not necessary, provided the food does not have any nutrition claims. This is also true for food manufacturers that have inventory on hand that is labeled for use in restaurants.

Additionally, the label must still identify the food and display an ingredient statement; the name and place of the business of the food manufacturer, packer or distributor; the net quantity of contents; and the allergen information required by the Food Allergen Labeling and Consumer Protection Act.

The FDA also states that it will not object to the further production of foods labeled for restaurants but that are intended to be sold other than to restaurants. This is in the case of retail packaging for certain food products being unavailable. The guidance is being implemented immediately but remains subject to comment according to the agency’s good guidance practices.

In another reaction to the coronavirus outbreak, the FDA previously announced that it will temporarily postpone all domestic routine surveillance facility inspections to protect the health of its staff. This applies to all FDA-regulated products, including food, drugs, biological products and devices.

However, the FDA, along with the Federal Trade Commission (FTC), has clamped down on businesses selling products claiming to prevent or treat COVID-19. The offerings include teas, essential oils, tinctures and colloidal silver, with the companies now subject to legal action, including but not limited to seizure or injunction.  

Additionally, the FDA is set to continue working with manufacturers for the remainder of 2020 as it updates the Nutrition and Supplement Facts labels. During this time, the FDA will not be focusing on enforcement actions. The agency recently launched an educational campaign to raise awareness of the new Nutrition Facts label for packaged foods. The FDA is also promoting its education campaign by means of videos of food products receiving a make-over, posting new looks via social media and as part of a fashion show, modeling the new Nutrition Facts labels on the runway. 

Retailers across the globe are shifting their policies to ensure that there are enough supplies to go around.Safeguarding nutritional access
Earlier this week, health food stores and supplement manufacturers announced they will likely be able to remain open, thanks to guidance from the US Department of Homeland Security (DHS). “We have a responsibility to stay open and provide essential services. Health-food stores that provide nutritional supplements and other health and wellness products will remain open at the discretion of business owners,” says Daniel Fabricant, President and CEO of the Natural Products Association (NPA). 

Meanwhile, retailers across the globe are shifting their policies to ensure that there are enough supplies to go around. UK-based Holland & Barrett placed a limit on certain foods and immunity lines to two units per customer. Meanwhile, UK food retailers wrote a joint letter asking consumers to be considerate in the way they shop, discouraging stockpiling and panic buying, which is putting the supply chain at risk.  

As food security issues are exacerbated, leading food policy experts from a UK university warn that Britain’s supplies of fresh fruit and vegetables, which predominantly come from Spain and Italy, could be severely disrupted by the coronavirus crisis.

“Rationing will prevent people from buying more than they need, at least of those foods included in the rationing scheme. It would ensure that what foods are available are equitably distributed, in proportion to need not to affluence or poverty,” Professor Erik Millstone of the University of Sussex Business School previously told FoodIngredientsFirst. 

Edited by Katherine Durrell