Jay Sjerven

Scott Gottlieb, M.D., commissioner of the U.S. Food and Drug Administration, announced on Aug. 25 that the F.D.A. will provide additional guidance on menu nutrition labeling requirements by the end of the year, well in advance of the current compliance date for labeling, which is May 7, 2018.

Also on Aug. 25, and perhaps not coincidentally, an agreement was reached in the U.S. District Court for the Southern District of New York under which New York City agreed not to fine or sanction restaurants for noncompliance with menu nutrition labeling requirements it had said it would enforce because of the F.D.A.’s latest delay in requiring national menu nutrition labeling.

The F.D.A. on May 1, 2017, said it was extending the compliance date for its menu labeling requirements from May 5, 2017, to May 7, 2018, “for further consideration of what opportunities there may be to reduce costs and enhance the flexibility of these requirements beyond those reflected in the final rule.”

Subway menu board
Menu nutrition labeling has run quite a gauntlet since being mandated under the Affordable Care Act of 2010.