‘Ignorance is Bliss' No More: Sarah Brew in Law360 on FDA's Menu Labeling Rules

The U.S. Food and Drug Administration issued final menu labeling rules that will require grocers, restaurants and some convenience stores to list the calories contained in prepared foods. Trade organizations are criticizing the new rules that will cost businesses more than $1 billion in the next year to comply.

Sarah Brew, partner and food litigation and regulatory practice lead at Faegre Baker Daniels explained to Law360 that because businesses will be required to certify that the caloric information they provide to customers is accurate, food retailers should begin framing their contracts with wholesalers to ensure they are providing accurate information.

"I'm going to want to make sure that I have a good basis to rely on what my suppliers are saying, and the best way to get that is contractually," Brew said.

Brew said that grocery and convenience stores would also be wise to provide training to employees to make sure that menu items that are prepared in-store adhere to strict recipes. "I don't want employees throwing on a couple extra slices of cheese, because that throws off the calorie count and may make me not compliant with the FDA," said Brew.

Businesses have a until December 2015 to comply with the new rules.