A small company does not automatically have permission to omit nutrition information. FDA’s exemptions depend on particular criteria, and a claim added by the marketing team can change the result. Review the product, business records, and proposed advertising together before deciding which nutrition-labeling requirements apply.

Identify the correct exemption route

FDA describes exemptions based on certain retail sales levels and a separate route for low-volume products that considers employees and product units sold. Definitions, affiliated businesses, and the relevant measurement period matter. Do not apply a threshold remembered from another business without checking the current rule. Document which provision you rely on and the records supporting it. Dietary supplements have separate nutrition-labeling provisions and are outside this conventional-food overview.

Check whether an annual notice is required

Some low-volume exemptions require an annual notice to FDA, while specified exceptions do not. Other exemption routes do not require a notice. Confirm the requirements for your situation and retain evidence of any submission. Assign responsibility for reviewing eligibility again as sales and staffing change. Filing a notice is not a general approval of your product, and continuing to use last year’s analysis without updated figures can create a gap.

Review labels and advertising for nutrition claims

FDA states that nutrient content claims, health claims, or other nutrition information in labeling or advertising can make the small business exemption unavailable for a product. Review the website and promotional material as well as the package. A seemingly simple phrase such as sugar free can carry consequences. Ask for regulatory review before publishing the claim, especially when the current packaging was designed on the assumption that no Nutrition Facts panel was needed.

Keep the other required information intact

An exemption from nutrition labeling does not remove requirements for other mandatory statements, such as product identity, net quantity, ingredients, and responsible business information. Allergen obligations also need attention. Avoid turning a nutrition exemption into a claim that a product is exempt from labeling altogether. Keep the exemption analysis with the approved artwork so future designers and marketing staff understand the basis for the package.

Prepare carefully when a panel is needed

Use the current Nutrition Facts requirements, appropriate serving-size rules, and a defensible basis for the declared values. Ask qualified specialists how the formulation, analytical information, rounding, and package format should be handled. Copying a competitor’s panel or using an old template can introduce errors. Revisit the panel when the product changes, and retain the calculation or testing records that explain how the final declarations were established.

Your preparation checklist

Bring these details together.

  • The specific exemption provision and supporting business figures.
  • Any required notice and a date for the next eligibility review.
  • All nutrition-related wording across packaging and advertising.
  • The current panel specifications or documented exemption analysis.

References: FDA, Small Business Nutrition Labeling Exemption; Small Business Nutrition Labeling Exemption Guide; Food Labeling Guide update notices. Eligibility and panel requirements need product-specific review.