Date Labeling Reform Is Coming And Your F&B Product Pages Need to Be Ready Before the Rule Lands

California already banned sales. The FDA is standardizing on best if used by and use by, Congress has a bipartisan bill pushing the same. Your product pages are still using the old terminology. Here’s what’s changing, when, and how to prepare your eCommerce platform without waiting for the rule to finalize.

• 4.3 million tons of annual food waste in the US is driven by date label confusion, costing households and businesses more than $22 billion per year and generating regulatory urgency to eliminate consumer misunderstanding.

• 30% Percentage of all food purchased by U.S consumers that goes unsold or uneaten, with date label misunderstanding cited as a major driver in regulatory filings and industry comments.

• 40+ States that have enacted their own date labeling rules, creating a regulatory patchwork that forces multi state eCommerce brands to maintain separate product page versions or risk non compliance.

• January 1, 2028 Uniform compliance date set by the FDA for food labeling regulations published between January 1, 2025 and December 31, 2026, the likely deadline for standardized date labeling rules.

Key takeaways:

• Date labeling standardization is regulatory certainty, not speculation, federal rule likely by 2027–2028.

• eCommerce product pages and customer facing language need updating before, not after, rules finalize.

• State by state variation 40+ state laws means multi channel brands need flexible systems to serve state specific requirements.

The Date Labeling Chaos Why Regulatory Standardization Is Coming Now

Your brand sells nationwide through eCommerce and three retail channels. Your packaging says sell by. Customers in California see compliance notices because that state banned sales by language as of September 2024. Your product page still references sales in the FAQ. Your customer service team doesn’t understand the difference between best by and use by, so when customers ask if a product is safe after the date, the response is inconsistent. Somewhere in your email infrastructure, an automated shipping notification references the old date terminology. This isn’t a small compliance problem. It’s systematic confusion baked into every customer touchpoint.

The regulatory response is now crystallizing. cite index=32-1> FDA and USDA received over 9,800 comments encouraging an update of federal date labeling requirements during National Strategy feedback, with commenters noting that different phrases cause consumer confusion and lead to premature disposal of wholesome and safe food date labeling.

The agencies aren’t waiting for perfect consensus. In December 2024, they published a formal Request for Information seeking standardization. Simultaneously, a bipartisan Congressional bill was reintroduced, backed by 30+ industry companies including Walmart, Amazon, and Unilever. The message from regulators and industry is aligned, change is coming.

Why now? Because the current system is broken by design. There is no federal standard for food date labels except infant formula. Manufacturers voluntarily use different phrases. States filled the void with 40+ inconsistent laws. Retailers realized confusion drives waste. Consumers throw away safe food because they misread dates. The USDA estimates that clarity on date labels alone could eliminate 425,000 tons of annual food waste worth $1.83 billion in economic value.

The operator’s pain point. I’ve been doing date labeling this way for years. Why is this suddenly urgent? Because state by state rules create competitive disadvantages. A brand that updates labels early to align with California’s best if used by standard gains marketing clarity and compliance advantage. Brands that ignore state changes face customer confusion, product returns, and compliance risk. The window to prepare is narrow12 to 24 months before federal rule lands.

The Three Label Problem Sell By, Best By, Use By What They Actually Mean

Most consumers think any date label is a safety threshold. That’s the core mistake driving policy change. Most dates are quality indicators, not safety markers.

Sell By:

This is guidance for retailers on how long to display a product for sale. It is not a safe date. Consumers frequently misinterpret it as don’t eat after this. In reality, food is typically safe for days or weeks after sale by passes. California banned this phrase entirely because the misinterpretation cost is too high.

Best By / “Best If Used By:

This is a quality indicator. The product may decline in taste, texture, or freshness after this date, but is still safe to consume. Regulatory bodies now prefer the longer Best If Used By because it’s harder to misinterpret as a safety threshold.

Use By:

This is a strict safety threshold. Food should be discarded after this date. This phrase should be used only for safety critical items where consuming expired product poses genuine risk to soft cheeses, certain deli meats, and infant formula. Most food products should use quality dates, not use by dates.

The operator implication, If your product’s date is actually a quality indicator but you label it use by, you’re creating legal liability and confusing customers about safety. If you say sell by for a product with a 30 day shelf life, customers throw it away on day 5. Standardization forces clarity, pick one phrase, align it with what the date actually means, and apply it consistently across eCommerce and physical packaging.

This distinction matters because it determines compliance risk. Use By implies the product becomes unsafe after the date with high liability if you’re wrong. Best If Used By indicates quality decline, lower liability. Most food brands should use the latter.

Federal Proposal vs State Reality Bipartisan Bill, FDA RFI, California AB 660, and the 40-State Patchwork

Federal initiative moving fast but not yet final:

cite index=36-1> The Food Date Labeling Act of  2025  H.R. 4987 4987 would standardize terminology for quality and discard dates. If a food is labeled with a quality date, the bill specifies BEST If Used By , if it is labeled with a discard date, it specifies. USE BY read  H.R. 4987 on Congress.gov. If a food is labeled with a quality date the date after which quality may deteriorate, the label must include the phrase BEST If Used By or the abbreviation BB, if labeled with a discard date after which the item should not be consumed, the label must include the phrase USE By or the abbreviation UB. Sponsors include Rep. Chellie Pingree D-Maine, Rep. Dan Newhouse R-Wash, Sen. Richard Blumenthal D-Conn, and Sen. Rick Scott R-Fla. The bill has bipartisan backing and support from 30+ industry companies. It doesn’t mandate date labels manufacturers can choose whether to include them, but if they do, the phrase must be standardized.

FDA/USDA simultaneous track:

Published December 3, 2024, with comment deadline extended to March 5, 2025. This RFI seeks input on industry practices and consumer perceptions. The agencies may use this input to inform federal rule, guide policy, or simply educate consumers. It signals regulatory direction without mandating anything yet.

State action California first, others following:

California AB 660 effective September 2024 prohibits sell by language and requires only best if used by quality or used by safety terminology. This makes California the regulatory first mover. Other states are watching. Expect 5-10 additional states to pass similar rules by 2026 as momentum builds and the federal rule timeline clarifies.

The state patchwork reality:

Over 40 states have some form of date labeling rule. Montana requires sales on milk and bans sales after that date creating waste. Florida has different rules. Each state adds a compliance layer for national eCommerce brands selling across state lines. The fragmentation costs money brands either print different labels for different states or default to the strictest standard California and apply it nationwide.

Operator decision, Do I wait for federal rule or start with California compliance? Most should start now with California affects online customers nationwide, simpler than state by state variation and then layer other state rules as they emerge.

What’s Actually Changing The New Standard

The two phrase system proposed federal + California :

BEST If Used By or BB abbreviation, Indicates quality, not safety. Food is safe after this date but may decline in freshness, flavor, or texture. Label should include date in single, easy to read font, prominent location on package not small print mixed with ingredient list.

USE By or UB abbreviation, Indicates safety/discard date. Food should not be consumed after this date. Label should include date in single, easy to read font, prominent location on package.

Optional phrase, Freeze By may be added to either date where appropriate e.g., Best If Used By[date, Freeze By earlier date.

Format requirements per Congressional bill :

• Single, easy to read font larger than surrounding text, high contrast.

• Prominent location on package not hidden, not mixed with ingredient list.

• Quality/discard date written in clear format month day or month year, depending on product.

• Abbreviations BB, UB permitted only if packaging too small for full phrase.

• Phrase or freeze by date added after quality or discard date where appropriate.

The critical operator insight. This affects not just physical product labels but every mention of dates in your eCommerce ecosystem product descriptions, customer emails, support templates, FAQ sections, subscription program language. A brand that updated physical labels but didn’t update product page language has only partially fixed the compliance problem.

Likely federal rule timeline:

December 2024 March 5, 2025, FDA/USDA RFI comment period currently open. 2025, FDA/USDA may publish NPRM Notice of Proposed Rulemaking based on RFI comments. 2026,  Possible comment period on NPRM typically 30-60 days. Late 2026 or early 2027, Final federal rule published. January 1, 2028, Uniform compliance date per FDA December 30, 2024 announcement for labeling rules published Jan 2025–Dec 2026.

State rules immediate to near term:

• California AB 660 effective September 2024.

• 5-10 additional states likely to pass similar rules 2025–2026 as federal momentum builds.

• Watch ReFED policy database quarterly for state level updates

Operator decision window. 12–24 months to prepare before federal rule lands January 1, 2028. Start eCommerce audits now, plan label reprints for the next production cycle, update product pages within 6 months.

eCommerce Product Pages Where Date Language Lives and How to Audit

Before you pick a tool or hire a consultant, audit where date terminology actually appears on your eCommerce platform. Most operators are surprised by the scope.

Audit checklist specific places date language lives on your eCommerce site:

1. Product description, Does the copy mention sell by, best by, use by, expiration, or expires? Flag all instances.

2. FAQ section, Customer questions about freshness, storage, when product goes bad, shelf life? Review all responses for date language inconsistencies.

3. Shipping/delivery emails, Automated email to customer after order ships. Your product expires date or Best by date? Check all transactional email templates.

4. Customer service response templates, Stock replies to, Is this still good? or Can I return this because it expires soon? questions?

5. Product filter tags or facets, Best by month fields that customers search by in your product database?

6. Guarantee/returns policy, Any mention of date based returns or satisfaction guarantees tied to expiration?

7. Subscription program language, If you offer subscriptions, renewal timing tied to expiration? We’ll auto renew before your box expires language?

8. Blog/educational content, How to articles on reading dates, storage tips, or shelf life guidance? Check consistency with new standardized language.

9. Search filter descriptions, Facets or filters that use sell by, best by, or other date language?

10. Mobile app if applicable, Product detail screens, in app notifications, or push notifications referencing dates?

Immediate action. Audit your entire eCommerce stack for date language, create spreadsheets of all instances, categorize each as:
(a) quality indicators,
(b) safety/discard dates, then plan updates to align with best if used by / use by language. This audit usually reveals 40-60 instances across a typical F&B eCommerce platform.

The Relabeling & Reprinting Question Inventory, Costs, Timing

Reality check, You have inventory on shelves and in distribution centers labeled with sell by or old phrasing. Regulatory compliance doesn’t typically force retroactive label changes, only new products printed after the compliance date must comply.

Cost variables:

• Remaining inventory. Can you sell through current stock? Usually yes old labels aren’t illegal retroactively, they’re just outdated per state law.

• New printing runs, Next time you reprint labels or packaging, they must comply with the new standard.

• Product page updates, Minimal direct cost content changes only but requires cross team coordination eCommerce, marketing, customer service, compliance.

• Customer education, Email campaign explaining new language recommended avoids confusion when physical labels eventually change.

• System updated, If eCommerce platform has hard coded date language, validation rules, or automated email templates, may need development work.

Timeline strategy. Use the 12–24 month window to naturally cycle through reprints. When you next order labels or packaging likely within 12 months, print compliant versions. Update product pages within 6 months to align with emerging standards and reduce customer confusion before physical labels shift.

Cost estimate for multi state eCommerce brand:

• Product page audit + content updates, $5K–$15K.

• Email template review + updates, $2K–$5K.

• Staff training, customer service, marketing, $1K–$3K.

• Label reprinting next production cycle, minimal incremental cost $0 absorption into normal reprint.

• Total eCommerce compliance prep $8K–$23K one time, over 12 months.

Compare this to the cost of non-compliance, customer confusion, product returns, potential fines, competitive disadvantage and the ROI of preparation is clear.

Multi State Compliance Strategy State by State Rules and How to Prioritize

You can’t comply with 40+ different state rules. Instead, prioritize and apply a tiered approach.

Priority 1. California compliance immediate:

California AB 660 prohibits sell by, requires best if used by and use by only. Affects all online customers nationwide most eCommerce brands don’t segment product pages by state for customers, so applying California standards nationally is simpler than maintaining state specific versions. Effective immediately September 2024. Action, Update all product page language to California standard now. Update physical labels by next production cycle.

Priority 2. Federal rule alignment when published, 2026–2027:

Once federal rule is finalized, likely 2027 based on the timeline, all states must comply. Expected to align with California + Congressional bill language BEST If Used By for quality, USE By for safety. This creates less variance than current state patchwork. Action, Monitor FDA/USDA rulemaking update systems once final rule publishes if any gap between California + federal standard.

Priority 3. Early adopter states watch quarterly:

States like New York, Massachusetts, or others that have regulatory momentum may follow California’s lead 2025–2026. Check ReFED policy database or Food Safety News quarterly for announcements. Action, Add updates as state rules solidify. Operator strategy, Start with California + federal alignment. By the time federal rule lands January 1, 2028, you’ll already be compliant. Other state variations if any can be layered in at that time.

FAQS

Conclusion

Brands treating date labeling standardization as a packaging problem the manufacturer’s job miss the eCommerce specific advantage. Understanding regulatory changes and their impact on your supply chain helps contextualize why preparation timing matters, compliance deadlines have costs, but delayed preparation costs more.

The operators winning at this transition are treating date labeling as an eCommerce data integrity problem,syncing product descriptions, email templates, customer service language, and systems with regulatory change before the rule lands. Operators building flexible eCommerce systems that adapt to multi state requirements see compliance as a competitive advantage, not a burden.

Brands that launched food eCommerce recently have no legacy label debt. They can build systems from the ground up using standardized terminology. Established brands with years of sales by language across product pages, emails, and systems face higher conversion costs but those costs are front loaded and manageable over the 12–24 month window before January 1, 2028.

The question isn’t whether date labeling will standardize. It will. California proved it. Congress backed it with bipartisan legislation. FDA/USDA formalized it with an RFI. The question is whether you’ll audit your eCommerce platform now when the work is intentional and planned or react after the federal rule lands when the work becomes urgent and costly.

Start with a comprehensive audit of where date language lives on your platform, prioritize updates to align with emerging standards, and train your team on the best if used by vs use by distinction. You’ll move faster than competitors, reduce customer confusion, and turn a compliance deadline into a competitive edge.