On July 6, 2023, the U.S. Food and Drug Administration (“FDA”) released an updated list of draft and final topics that the agency anticipates publishing guidance documents for by the end of December 2023.
The guidance topics on labeling issues include:
- Foods Derived from Plants Produced Using Genome Editing;
- Menu Labeling Supplemental Guidance;
- Labeling of Plant-Based Alternatives to Animal-Derived Foods;
- Use of Nutrient Content Claims for Added Sugars in the Labeling of Human Food Products
FDA stated: “[w]e currently intend to develop guidance on each topic; however, the FDA Foods Program is neither bound by this list of topics, nor required to issue every guidance document on this list. Several factors may impact FDA’s ability to issue the listed guidances, including, for example, new Administration priorities, emerging public health issues, or other extenuating circumstances. We are not precluded from issuing guidance documents on topics not on this list.”
The guidance topics are open for public comment here.
FDA has already issued draft guidance on some of the topics announced in February 2023, including on Dietary Guidance Statements in Food Labeling.
This publication is published by the law firm of Ervin Cohen & Jessup LLP. The publication is intended to present an overview of current legal trends; no article should be construed as representing advice on specific, individual legal matters. Articles may be reprinted with permission and acknowledgment. ECJ is a registered service mark of Ervin Cohen & Jessup LLP. All rights reserved.
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Pooja S. Nair is a business litigator and problem solver with a focus on the food and beverage sector. She advises food and beverage clients, including restaurant groups, mid-market food brands, and food manufacturers on a ...
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