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Volume XIII, Number 90

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FDA Issues Uniform Compliance Date for Final Food Labeling Regulations in 2023-24

  • FDA announced in the Federal Register on December 30, 2022 that January 1, 2026 will be the uniform compliance date for final food labeling regulations that are issued in calendar years 2023 and 2024.  This action is not intended to change existing requirements for compliance dates contained in final rules published before January 1, 2023.

  • In line with its historical practice, FDA periodically announces uniform compliance dates for new food labeling requirements to minimize the economic impact of labeling changes on the food industry of having to respond separately to each labeling change.

  •  FDA encourages industry to comply with new labeling regulations as quickly as feasible.  However, all food products subject to the January 1, 2026, uniform compliance date must comply with the appropriate labeling regulations when initially introduced into interstate commerce on or after January 1, 2026.  For some food labeling regulations, the FDA will set a compliance date that differs from the uniform compliance date if special circumstances justify doing so. The specific compliance date is published when a final regulation is issued.

  • The final rule became effective this Tuesday, January 3, 2023.  FDA is accepting electronic and written comments until March 6, 2023 here.  For general food labeling and nutrition guidance documents and related regulatory information, please visit FDA’s website here.

Nicholas Prust, Frederick Stearns, Emily Thomas, and Lauren Haas also contributed to this article.

© 2023 Keller and Heckman LLPNational Law Review, Volume XIII, Number 6
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About this Author

Lisa P. Alsobrook Attorney Keller Heckman DC Office
Associate

Lisa Alsobrook practices in the area of food and drug law. She advises domestic and foreign clients on regulatory requirements for foods, dietary supplements, cosmetics, and food and drug packaging in jurisdictions around the world. Her main focus is regulatory and compliance matters of the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture relating to human food, food packaging material, animal feed, food additives and ingredients, and dietary supplements.

Prior to attending law school, Lisa earned a master’s degree in Food Science. She worked as a...

202-434-4237
Melvin S. Drozen, FDA, regulatory lawyer, Keller Heckman, law firm
Partner

Melvin S. Drozen joined Keller and Heckman in 1987.

Mr. Drozen advises clients on a broad spectrum of FDA, FTC, USDA and EPA (pesticides) regulatory matters, ranging from premarket approval requirements for food additives, dietary supplement ingredients, drugs, and medical devices to advertising and labeling provisions applicable to all of these products. Prior to joining Keller and Heckman, he was an Assistant District Attorney in Brooklyn, N.Y., and then an attorney in the General Counsel's Office of the Food and Drug Administration for seven...

202-434-4222
Jill M Mahoney Associate Attorney Keller Heckman
Associate

Jill Mahoney advises clients on regulatory requirements for food, animal feed, food additives, dietary supplements, and cosmetics. She counsels clients on labeling and advertising compliance and claims substantiation issues, including nutrition labeling, ingredient declarations, nutrient content claims, structure function claims, and Country of Origin labeling. She assists food, animal feed, and dietary supplement manufacturers in preparing self-determined GRAS positions, GRAS Notifications for Food and Drug Administration (FDA) submissions, New Dietary Ingredient Notification submissions...

202-434-4184
Richard Mann Partner Keller Heckman DC
Partner

Richard (Rick) Mann represents his clients in business and trade association disputes relating to food advertising, promotional and labeling claims, food safety and compliance issues, and general business and corporate law matters.

Rick works extensively with clients in the development of compliant advertising, promotional, and labeling claims and campaigns, and the development of appropriate support for such claims. His regulatory experience allows him to represent his clients in proceedings at the Food and Drug Administration (FDA), the Federal Trade Commission (FTC), the National...

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Paula S. Pastuskovas San Francisco Food and Drug Attorney Keller and Heckman
Associate

Paula Pastuskovas counsels domestic and international clients on regulatory and compliance matters in food and drug law. She assists clients in obtaining regulatory clearances for food additives and food-contact materials from the U.S. Food and Drug Administration (FDA), Health Canada, and other comparable international agencies. She advises clients on food labeling, ingredient, and substantiation issues. 

As a resident of the firm’s San Francisco office, Paula also advises companies on compliance with California’s state and local laws. This...

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