Table 2.

US federal agencies’ regulatory authority to require food retailers disclose mandated food labelling information prominently and conspicuously online

Agency	Authority for online retail	Interpretation	Potential regulatory actions
Food and Drug Administration (FDA)	Labelling includes all written, printed or graphic matter accompanying an article at any time while such article is in interstate commerce or held for sale after shipment or delivery in interstate commerce (20).	The broad definition of labelling should be interpreted to include the display of products online.	The FDA may be able to use existing authority to engage in rulemaking to explicitly require the provision of required nutrition information be highlighted for prominent and conspicuous viewing online.
	Advertising which performs the same function as labelling is under the purview of the FDA(23).
	FDA regulations require the information panel must be prominently placed and with such conspicuousness as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use(12,24).	The display of products online also should be considered a customary condition of purchase, meaning required information should be prominently and conspicuously displayed.	FDA could engage in enforcement actions against online retailers who fail to disclose required nutrition labelling.
	Congress granted the FDA the authority to highlight required information on labelling, if it determines that such highlighting will assist consumers in maintaining healthy dietary practices(11,12).		FDA could issue a guidance document to clarify its interpretation of labelling to include online food retail and recommend online food retailers meets current regulatory requirements for food labelling.
Federal Trade Commission (FTC)	FTC has authority to address unfair and deceptive acts and practices with respect to the food advertising, advertising claims, marketing and promotional activities, mail order advertising and sales practices, including sales online(25–28).	It is arguably the case that all missing or difficult to find required information is an unfair and deceptive act or practice for online food retailers, based on consumers’ inability to identify this information and the broad potential for consumers to choose differently if they had this information. Further, there is a real potential for harm for the failure to disclose certain information like common food allergens and ingredients such as Na and sugar for particular consumers.	The FTC could engage in enforcement actions against food retailers that fail to provide mandatory nutrition information as an unfair and deceptive act or practice.
	FTC has authority over retail food stores in relation to accurate representations of stock and availability in advertisements(34.35).	Retail food regulations highlight FTC’s authority to oversee misrepresentations related to advertising by food retailers.	The FTC could issue a guidance document to ensure online food retailers’ display of products is not unfair or deceptive.
			Congress would need to provide FTC authority under the Administrative Procedures Act for it to meaningfully engage in timely rulemaking on the topic.
United States Department of Agriculture (USDA)	The USDA administers federal food programmes, most notably the Supplemental Nutrition Assistance Programme (SNAP) and has the authority to designate which retail food stores are authorised to accept and redeem SNAP benefits, including online entities that sell food(36,37,41).	The USDA has the regulatory authority to identify factors for consideration to determine whether retail applicants qualify to accept and redeem SNAP benefits. It may designate the provision of required nutrition and allergen information as one such prerequisite. Consumer access to required nutrition information effectuates the purpose of the programme.	USDA should revise regulations related to retail food stores to require online retail platforms that accept and redeem SNAP benefits to ensure all required labelling is immediately visible, and conspicuously and legibly displayed.
	USDA has the authority to issue regulations to provide for the submission of applications for approval of SNAP retail food stores and ‘for the approval of those applicants whose participation will effectuate the purposes’ of SNAP(37). SNAP’s Declaration of Policy includes ‘raising levels of nutrition among low-income households(38).’