The question of whether expiration dates are required by federal law varies by product category. In the United States, different federal agencies regulate labeling and dating for foods, drugs, cosmetics, medical devices, and dietary supplements. While some products must display an expiration or use-by date, others rely on voluntary dating practices or state requirements. This article explains what federal law actually requires, what can be expected on common consumer items, and where labeling practices may differ.
Federal requirements for expiration and dating on foods
Most foods sold in the United States are regulated by the Food and Drug Administration (FDA). The FDA does not require expiration dates on most packaged foods. Instead, many products carry dates like “sell by,” “best if used by,” or “use by,” which are intended to help retailers and consumers manage quality rather than safety. These dates are typically determined by manufacturers and are not mandated by federal law for the majority of foods.
There are notable exceptions within the food sector. Infant formula, for example, must bear a use-by date. Federal law requires a clearly labeled expiration or use-by date on infant formula packaging to help ensure safety and quality for a vulnerable population. In addition, some products carried by retailers may display dating due to state or local requirements or industry guidance, but these would be separate from federal mandates.
Consumers should also understand that a product’s safety can depend on storage conditions. Even if a date has passed, some foods may still be safe to eat if stored properly, while others can become unsafe before the dated label. Always inspect the product for signs of spoilage and follow storage instructions on the package.
Expiration dating for drugs and medicines
The federal government plays a more explicit role in dating drugs. The U.S. Food and Drug Administration (FDA) requires expiration dates on most prescription and over-the-counter (OTC) drug products. Drug manufacturers must place an expiration date on the medication packaging to indicate the period during which the drug is guaranteed to meet its labeled potency and safety when stored under labeled conditions.
After the expiration date, the drug is not guaranteed to remain effective or safe. Pharmacists and healthcare providers may advise keeping medicines beyond the expiration date in some circumstances, but such decisions should consider guidance from healthcare professionals and the risks of reduced potency, bacterial contamination, or incorrect dosing. For regulated pharmaceuticals, improper handling or counterfeit products pose additional risks that expiration dates help mitigate.
Dietary supplements and cosmetics: what federal law requires
Dietary supplements and cosmetics illustrate another category with nuanced federal requirements. The FDA does not universally require expiration or “best by” dates on dietary supplements. Many supplements carry dates provided by manufacturers, but these dates are not federally mandated. Some manufacturers label products with a “best by” date to indicate expected potency, but this labeling does not carry the same regulatory mandate as drug dating.
Cosmetics also do not have a universal federal expiration date requirement. The FDA can require labeling changes for cosmetics in certain circumstances, such as if a cosmetic product is adulterated or misbranded, but routine dating is not a federal mandate across all cosmetic products. Some states may require dating on cosmetics, and manufacturers often include the period-after-opening (PAO) symbol or similar guidance to help consumers assess product freshness.
Medical devices and shelf life labeling
Medical devices with limited shelf life may require labeling that includes a usable shelf life or expiration date, depending on the device type and regulatory pathway. The FDA regulates device labeling and may require certain indications of shelf life for devices that have a defined period of usefulness after packaging or first use. Users should follow the device’s labeling and the manufacturer’s instructions for storage and use to ensure performance and safety.
What about state laws and industry practices?
While federal law sets baselines, state laws and industry practices can influence dating requirements. Some states require date labeling on certain foods, infant formula, or medications sold within their borders. Retailers may also implement internal dating policies to help manage inventory, reduce waste, and ensure product quality. Consumers should remain aware that a product bearing a date may be subject to state requirements or retailer policies in addition to federal rules.
Practical guidance for consumers
- Check product categories: If purchasing infant formula, expect a use-by date. For drugs, expect an expiration date on the packaging. For most foods, dates are often indicators of quality, not safety.
- Storage matters: Adhere to storage instructions to maximize safety and potency. Improper storage can shorten a product’s effective life.
- When in doubt, consult professionals: For medications, consult a pharmacist or healthcare provider before using products past their expiration date.
- Look for signs of spoilage: Do not rely solely on the date. Foul odor, discoloration, or textural changes can indicate spoilage.
- Understand labeling differences: “Sell by” and “best by” dates are quality indicators, while “use by” or expiration dates relate to safety or potency depending on the product.
Summary: Are expiration dates required by federal law?
In short, federal law does not uniformly require expiration dates for all consumer products. Key exceptions include infant formula and most regulated drugs, where expiration or use-by dates are legally mandated to ensure safety and effectiveness. For foods, labeling is largely voluntary regarding dates, with certain foods and circumstances applying federal or state-specific rules. For cosmetics and dietary supplements, dating is generally voluntary unless required by state law or specific regulatory actions.