FDA issued a draft guidance titled "A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods—Part II (Menu Labeling Requirements in Accordance with 21 CFR 101.11)," to help companies comply with the menu labeling final rule. This rule requires that calorie information be listed on menus and menu boards of restaurants and other retail food establishments that are part of a chain of 20 or more locations, do business under the same name, and offer for sale substantially the same menu items. FDA states the guidance covers most frequently asked questions to help restaurants understand the nutrition labeling requirements under the Federal Food, Drug, and Cosmetic Act, and to help them comply with the rule by its already extended compliance date (December 1, 2016). See our previous Jones Day Update. FDA asserts that it is "committed to working collaboratively with establishments" and welcomes any additional comments. Part I of the guidance, dated April 2008, is under FDA current revision and hence not available to the public.

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