Menu Labeling: Did FDA Overreach?

July 2012

by Erik R. Lieberman, Regulatory Counsel, Food Marketing Institute

“Menu Labeling: Did FDA Overreach” is the timely topic addressed in the latest issue of FDLI’s Food and Drug Policy Forum (Volume 2, Issue 13, July 11, 2012). This issue deals with a hotly contested subject: what is the most effective way to prevent obesity? The author, Erik R. Lieberman, Regulatory Counsel for Food Marketing Institute, examines how the Food and Drug Administration (FDA) has implemented nutrition labeling regulations under Section 4205 of the Patient Protection and Affordable Care Act (ACA).  Lieberman argues that it is appropriate for FDA to require nutrition labels on food products sold at restaurants, cafeterias, and coffee shops.  However, FDA has extended the scope of the law to cover supermarkets, a decision that Lieberman determines is too costly and burdensome for large food vendors.  He recommends that FDA exclude supermarkets from the scope of menu labeling regulations. 


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