1. Home
  2. |Insights
  3. |In Response to COVID-19 Pandemic, FDA Temporarily Changes Nutrition Label Rules for Restaurants and Food Manufacturers

In Response to COVID-19 Pandemic, FDA Temporarily Changes Nutrition Label Rules for Restaurants and Food Manufacturers

Client Alert | 1 min read | 03.27.20

As a result of the COVID-19 Pandemic, restaurants may have food on hand that they can no longer use to prepare food for patrons. Similarly, food manufacturers may have inventory labeled for use in restaurants that is no longer in demand by the restaurant industry. To encourage the further distribution of this food during the ongoing public health emergency, which may otherwise go to waste, the U.S. Food and Drug Administration (“FDA”) temporarily changed its policy to allow restaurants and food manufacturers to sell packaged foods (intended for restaurant use), that lack Nutrition Facts labels, directly to consumers and businesses. Under normal circumstances, if restaurants sell packaged foods directly to consumers, or to other businesses for sale to consumers, nutrition information may be required. See 21 CFR 101.9(a)(1) and 101.9(j)(2).

FDA’s Final Guidance, released on March 26th, explains that the agency will not object to restaurants and food manufacturers selling packaged foods (both perishable and non-perishable) directly to consumers without a Nutrition Facts label, provided that the food does not have any nutrition claims, and the packaging contains other required information, including:

  • “a statement of identity,
  • an ingredient statement,
  • the name and place of business of the food manufacturer, packer, or distributor,
  • net quantity of contents, and
  • allergen information required by the Food Allergen Labeling and Consumer Protection Act.”

FDA has also indicated that if retail packaging for certain food products is unavailable, it will not object to further production of such food products until the retail packaging is available. 

This policy is in effect only for the duration of the COVID-19 public health emergency declared by the U.S. Department of Health and Human Services.

Contacts

Insights

Client Alert | 3 min read | 09.15.25

Senate Finance Committee Looking to Take White River to the Train Station, Confirms DOJ Investigation into Tribal Tax Credits

On August 19, 2025, the U.S. Senate Committee on Finance (“Senate Finance Committee”) sent Paul Atkins, Chairman, U.S. Securities and Exchange Commission (“SEC”) a letter calling on the SEC to investigate White River Energy Corp (“White River”). In the letter, the Senate Finance Committee confirmed a criminal investigation into White River related to the sale of so-called “tribal tax credits” that according to both Congress and the IRS, do not exist. The letter further states that White River allegedly earned millions of dollars selling these credits and has not been forthcoming with investors regarding the existence of the criminal investigation. According to the Senate Finance Committee, White River has failed to file financial disclosure documents with the SEC since March 15, 2024, missing six consecutive reporting periods. The letter instructs White River to disclose the existence of the DOJ criminal tax investigation, and calls on the SEC to take action if White River fails to do so....

View All Insights