On May 22, 2020, the U.S. Food and Drug Administration (FDA) announced two policies to provide temporary flexibility with respect to packaged foods formulation and labeling requirements during the COVID-19 pandemic. The agency’s guidance document is entitled “Temporary Policy Regarding Certain Labeling Requirements During the COVID-19 Public Health Emergency: Minor Formulation Changes and Vending Machines” (“Guidance”). The Guidance details flexibility for manufacturers to make minor formulation changes and flexibility for vending machine operators regarding calorie information for foods sold in vending machines. Like the other guidance documents FDA has issued to provide labeling flexibility during the COVID-19 pandemic, this guidance is effective only for the duration of the public health emergency. We summarize the Guidance in this post.
