AmaliaK. Corby-Edwards
Analyst in Public Health and Epidemiology
Risingrates of obesity and the resulting effects on citizens’ health and health carecosts have prompted federal, state, and local policymakers to consider anumber of policy options to reduce obesity levels in the U.S., such asexercise promotion, nutrition education, and taxation of certain foods.Labeling of the nutritional content of foods purchased and consumed outside thehome has been recommended by researchers and policymakers as one tool toaddress rising obesity rates.
The Federal Food, Drug, and Cosmetic Act (FFDCA, P.L. 75-717, as amended)authorizes the Food and Drug Administration (FDA) to regulate labeling ofmost foods other than meat and poultry. Section 4205 of the PatientProtection and Affordable Care Act (ACA, P.L. 111-148, as amended) amendedthe FDA’s nutrition labeling authorities under the FFDCA to require nutrition labelingof foods sold in some chain restaurants and vending machines, both of whichwere previously exempt from the FDA’s nutrition labeling regulations.While the ACA provided general requirements for restaurant menu nutritionlabeling, it required the FDA to promulgate regulations specifying thescope of entities affected by the law, the scope of food covered by the law,and certain details regarding how the required calorie and nutritioninformation is conveyed to consumers.
The FDA’s proposed rule on nutrition labeling in restaurants and similar retailfood establishments (SRFE), published in April 2011, proposed definitionsfor a number of terms that are not defined in law. It proposed two optionsfor determining the entities affected by the rule, set requirements forcovered restaurants and SRFE to implement the rule, provided details for voluntaryregistration of establishments that are not covered by the rule but that electto be subject to the requirements of the rule, proposed an effective date,and outlined enforcement mechanisms for establishments that fail tocomply. The comment period on the proposed rule ended on July 5, 2011. TheFDA is currently finalizing the rule, and the agency has indicated that itexpects to issue the final rule in November 2012.
Several potential concerns for Congress have been emphasized regardingimplementation of the proposed rule. First is the scope of the entities affectedby the rule. The second is the food that will require calorie and nutrientinformation under the rule. Other related concerns include the presentationof calorie and nutrient information and the amount of time businesses will haveto implement the rule. Some Members of Congress are concerned that the FDA’sproposed rule reaches beyond congressional intent and the agency’sauthority, and have introduced legislation that would limit the scope ofthe FDA’s proposed rule.
This report provides a brief overview of the FDA’s authority to regulatenutrition labeling, modifications to these authorities under the ACA, anda discussion of selected aspects of the proposed rule. Concerns regardingthe proposed rule raised by industry, Congress, and the public are alsodiscussed.
Date of Report: November 19, 2012
Number of Pages: 21
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