On December 1, 2014, FDA finalized two rules requiring calorie information to be listed on menus in chain restaurants and similar retail food establishments and to be prominently displayed on most vending machines. The new rules implement requirements that became law under the Patient Protection and Affordable Care Act ("ACA").
The menu labeling rule applies to fast-food and sit-down restaurants as well as other food retailers, such as movie theaters and amusement parks, that are part of a chain of 20 or more locations. Starting December 1, 2015, such establishments must conspicuously display calorie information for standard items on their menus and menu boards, next to the name or price of the entree. Vending machine operators with 20 or more machines will have two years to comply with the vending machine rule, which requires information to be displayed so prospective purchasers can examine an item's calorie content before purchasing it. The rulemaking was particularly contentious among non-restaurant food establishments. In response to public comments, FDA made several changes from its original proposals, including narrowing the scope of foods covered by the rule and providing flexible disclosure policies for multi-serving entrees, such as pizza by the slice. Certain alcoholic beverages are also subject to the menu labeling rule, but most seasonal menu items, daily specials, and condiments are exempt from its requirements.
In recent years, several state and local governments and some restaurant chains have adopted menu labeling standards. FDA's new rules will impose uniform federal standards and help reduce the need for multistate chains to comply with various state requirements. According to FDA, Americans eat and drink about one-third of their calories away from home. FDA Commissioner Margaret Hamburg described the new rules as "an important step for public health that will help consumers make informed choices for themselves and their families" when visiting restaurants and buying food from vending machines.
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