Government Tries to Clear Up Confusion Over Food Date Labels
The Food Safety Date Labeling Act may be languishing in Congress following its May 2023 introduction, but some new action is being taken to clear up consumer confusion about on-package usage information.
This week, the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) announced a joint Request for information (RFI) related to food date labeling. The agencies cited the ongoing murkiness related to terms like “Sell by,” “Use by,” “Best by” and other verbiage.
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The RFI is an early step, in that the FDA and USDA are seeking insights on industry practices and preferences for food date labeling and consumer perceptions – and misperceptions – about such language. The request also seeks to uncover the current criteria behind certain products’ information.
The move by federal agencies stems from an interest in helping consumers make informed choices and in optimizing the food chain from both efficiency and sustainability standpoints. Last June, the USDA and FDA, along with the U.S. Environmental Protection Agency, released the joint National Strategy for Reducing Food Loss and Waste and Recycling Organics that included food loss linked to confusion about usage and expiration dates.
"It has been estimated that confusion over the multitude of different date labeling terms on food products accounts for about 20% of food waste in the home. The information collected will help us understand consumers' perception of terms like 'Sell By,' 'Use By' and 'Best By'," said Jim Jones, FDA Deputy Commissioner for Human Foods. "We are looking forward to gathering valuable information to determine how date labeling can make it easier for consumers to know whether a food is still good to eat and avoid food waste. The FDA is committed to doing all that we can to support informed and sound decisions that are good for U.S. consumers."
Echoed Dr. Emilio Esteban, USDA Under Secretary for Food Safety: "Food labels contain a wealth of information for consumers, including a food product's 'best if used by' date. Through this Request for Information, we hope to learn more about how those date labels are determined and whether they confuse consumers and lead to needless food waste."
Currently, both the FDA and USDA suggest that food producers and manufacturers voluntarily use the "Best if Used By" quality-based food date label, which lists the date after which quality may decline but the product may still be consumed. That said, current federal regulations allow companies to use other language, like as "Sell By" or "Use By," if those terms are “truthful and not misleading.”
California is one state that has gone further on its own with labeling restrictions. In September, Gov. Gavin Newsom signed a law banning the use of “Sell by” dates and mandating standardize language for date labels; that law will go into effect on July 1, 2026.
