New regulations from the Food and Drug Administration (FDA) regarding nutritional information labeling are generating concern within the beer industry that the cost of compliance might be damaging and cost prohibitive for the industry.

Effective December 1, 2016, the FDA will require disclosure of nutritional information for regular menu items, including alcohol beverages, appearing on

The new Rules (for Vending Machines and Menus) are based on changes made as the result of the Affordable Care Act. These changes were made by adding two new sections to Section 403 of the Food, Drug and Cosmetics Act, which describes Mislabeled Foods. The new sections, found under FDCA §403(q)(5)(H), enables the FDA to regulate the labeling requirements for Restaurants, Retail Food Establishments and Vending Machines.

Late last year, the U.S. Food and Drug Administration finalized a new set of Rules pursuant to the new §403 governing how and where caloric content must be displayed. As a result, beginning on Dec. 1, 2015, and Dec. 1, 2016, certain restaurants and vending machine operators, respectively, will be forced to disclose the calorie content of their products to consumers. However, because of the way in which these categories are defined, a massive number of companies will be affected, and because of the vague nature of the regulation’s wording, some will be left wondering on which side of the line they fall. Further, though the final Rules are extensive and go to great lengths to describe the reasoning behind the Rules’ creation, due to the vague amendments to §403, this reasoning is often strained, and encompasses many businesses that Congress may have not intended to be covered, and omit business Congress intended to be regulated.
Continue Reading FDA Mandates Changes to Menus and Vending Machines