On the recordFebruary 6, 2018
I know that I have other speakers, so I am going to stall a little bit for time here. I am told that some of them may be at Jimmy John's trying to get through that menu wondering if they should have olives or pickles or Dijon mustard or mayonnaise, but they are on their way. I want to say we all want consumer information--we do--but we ought to be able to agree that food service establishments shouldn't face Federal criminal penalties for inadvertent failures to comply with the FDA's framework. Under the Food, Drug, and Cosmetic Act, food labeling has to be truthful and non-misleading. Food labeling that doesn't meet FDA's standard for truthful and non-misleading is deemed misbranded. Under U.S. Code, introducing misbranded food into commerce is, in fact, a prohibited act, and the liable party shall be imprisoned for up to a year, fined not more than $1,000, or both. Food to which these menu labeling requirements apply is deemed misbranded if the FDA's rule requirement is not met, so it is not necessary that the person intentionally misleads customers. Under FDA's framework, merely adding that extra olive or pepperoni is going to render the calorie content on the menu misleading and the chef then becomes criminal. Come on. People say that the FDA won't put people in jail over this, so I don't think there ought to be an issue codifying that in statute.…





