The Food Marketing Institute (FMI) appreciates the opportunity to respond to the Food and Drug Administration’s (FDA or the Agency) request for comments on the proposed rule implementing § 4205 of the Affordable Care Act1 (ACA), which requires restaurants and “similar retail food establishments” that are part of a chain with 20 or more locations doing business under the same name to provide calorie and other nutrition information for standard menu items (the Proposed Rule). Section 4205 is codified in sections 403(q)(5)(A) and 403(q)(5)(H) of the Federal Food Drug and Cosmetic Act (FD&C Act).3

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