Beginning May 5, 2017, the Food and Drug Administration’s (FDA) Truth in Menu Act and regulations go into effect. There are some basic parameters and guidelines that restaurant owners should be aware of, most importantly, whether the restaurant falls within the reach of the Act.

FDA Requirements

Minimum Requirement for Compliance

The requirements of Section 403(q)(5)(H) of the Act applies only to those restaurants and retail food establishments (e.g. bakeries, coffee shops, delis, cafeterias, etc.) that are part of a chain that has 20 or more locations (defined under the Act as a permanent or fixed site), and which do business under the same name and offering a substantially similar menu or menu items, must comply and adhere to the requirements to disclose certain nutritional information.

If a restaurant owner is part of a chain with less than 20 locations, then the Act does not apply, but, the owner can voluntarily register their restaurant to be covered under the Act’s guidelines and requirements.

Basic Requirements for All Covered Restaurants & Food Establishments

The Act covers a lot of ground in terms of what is covered and what is not, and how to disclose the required nutritional information. Included in the Act are the following requirements:

1. The number of calories for each regular or standard menu item, as it is regularly offered and prepared, are disclosed next to the menu item and/or the price for that item.

  • Daily specials or temporary menu items that appear on the menu fewer than 60 days during the calendar year are exempt from this requirement.
  • Menu items being offered on a ‘testing’ basis are exempt from this requirement.

2. A succinct statement concerning suggested daily caloric intake prominently posted on the menu board. The FDA provides the following example of a succinct statement, “2,000 calories a day is used for general nutrition advice, but calorie needs vary.” There are also optional statements that can be provided for menus and menu boards targeted to children.

3. Nutrition information in written form available to all customers upon request.

4. A statement on the menu board that full nutritional information is available upon request. The full nutritional information can be provided on a sign, poster, handout, counter card, binder, electronic device, in a menu, etc.

In addition, advertisements and coupons for a restaurant covered by the Act may need to disclose the applicable nutritional information. For more information on the advertising disclosures, see 21 CFR 101.11(b)(2)(i)(A).

Special Labeling Requirements

The Act and its associated guidelines provide insight and detail on a number of other factors, including, how to disclose nutritional information for:

  • Multiple serving items such as pizza;
  • Combination meals;
  • Menu items provided in a variety of flavors or combinations, or with certain toppings/additions;
  • Self-service, display food, or “grab and go” items;
  • Beverages that are not self-serve.

For more information on the Act and compliance regulations, you can visit the FDA’s website.

If you are a restaurant or other food establishment and you have questions regarding the Act, you can contact the attorneys at The Franchise & Business Law Group.