The Core Rule
The label type is determined by the product's legal classification:
Nutrition Facts label → required for conventional foods and beverages
Supplement Facts label → required for dietary supplements
When to Use a Nutrition Facts Label
A Nutrition Facts label is required on most packaged conventional foods and beverages sold to consumers, governed by 21 CFR 101.9.
Products that require a Nutrition Facts label:
Packaged foods (snacks, cereals, breads, frozen meals, condiments)
Non-alcoholic beverages (juices, sodas, waters)
Dairy products, sauces, and dressings
Any product intended for conventional consumption as part of a normal diet
Fortified foods with added vitamins or minerals (e.g., fortified cereal, fortified OJ) — still conventional food
Mandatory components:
Serving size and servings per container
Calories
Total Fat, Saturated Fat, Trans Fat
Cholesterol and Sodium
Total Carbohydrate, Dietary Fiber, Total Sugars, Added Sugars
Protein
Vitamin D, Calcium, Iron, Potassium
% Daily Value (%DV) for applicable nutrients
When to Use a Supplement Facts Label
A Supplement Facts label is required when a product is classified as a dietary supplement under the Dietary Supplement Health and Education Act (DSHEA) of 1994, codified at 21 U.S.C. 321(ff).
A product is a dietary supplement if it:
Is intended to supplement the diet
Contains one or more dietary ingredients — vitamins, minerals, herbs or botanicals, amino acids, enzymes, probiotics, or concentrates/extracts
Is intended for ingestion as a tablet, capsule, softgel, powder, or liquid
Is not represented as a conventional food or as the sole item of a meal
Is labeled as a dietary supplement
Required components:
Serving size and servings per container
Each dietary ingredient with its quantity per serving
% Daily Value where established (or "†" footnote where no DV exists)
Source of botanical ingredients
"Supplement Facts" as the panel header (never "Nutrition Facts")
Regulatory basis: 21 CFR 101.36
Common Edge Cases
Protein powders and meal replacements — If marketed as a dietary supplement, use Supplement Facts. If marketed as a food or meal replacement (not labeled as a supplement), use Nutrition Facts. Marketing intent controls the classification.
Energy drinks — Can be either. Mainstream drinks like Red Bull use Nutrition Facts because they're marketed as conventional beverages. Others use Supplement Facts when marketed as dietary supplements. The classification must be consistent with how the product is marketed.
Fortified foods — A food with added vitamins or minerals (fortified OJ, fortified cereal) is still a conventional food. Use Nutrition Facts; the added nutrients simply appear in that panel.
Liquid dietary supplements — A drinkable product can legitimately use a Supplement Facts label if it meets the DSHEA definition and is not represented as a conventional food.
Foods with health claims — An FDA-authorized health claim (e.g., "may reduce the risk of heart disease") does not reclassify a food as a supplement. Still use Nutrition Facts.
Infant formula — Has its own requirements under 21 CFR 107. Uses a modified Nutrition Facts panel. Not considered a dietary supplement.
Exemptions from Nutrition Facts Labeling
Some conventional foods are exempt under 21 CFR 101.9(j), including:
Foods sold by qualifying small businesses (below annual sales/employee thresholds)
Restaurant and food service items for immediate consumption
Raw fruits, vegetables, and fish (covered by voluntary point-of-purchase programs)
Foods with insignificant nutritional value (plain coffee, plain tea, some spices)
Important: Dietary supplements are never exempt — they must always carry a Supplement Facts panel.
How to Determine Which Label You Need
Is the product intended and labeled as a dietary supplement under DSHEA? → Supplement Facts
Is it a conventional packaged food or beverage not marketed as a supplement? → Nutrition Facts
Does it qualify for an exemption under 21 CFR 101.9(j)? → May not require either
Still unsure? → Classification depends on intended use, marketing claims, and product form. Consult FDA guidance or a regulatory specialist.
FDA Resources