Suit Aims to Block NYC From Enforcing Menu-Labeling Rules

The Food Marketing Institute (FMI), National Association of Convenience Stores, New York Association of Convenience Stores and the Restaurant Law Center have filed suit in the U.S. District Court for the Southern District of New York to prevent New York from enforcing rules requiring calorie and nutrient information before a May 2018 compliance date established by the Food and Drug Administration.

FDA published rules requiring calorie disclosures on menus in 2014, but has delayed the enforcement of nationwide menu-labeling rules to respond to industry concerns regarding implementation and consider possible amendments to alleviate the costs of the rule.

“The federal law pre-empts a municipality from taking matters into its own hands, and this is exactly what New York City is attempting to do,” said Jennifer Hatcher, chief public policy officer at Arlington, Va.-based FMI. “New York City’s actions threaten interstate commerce and would introduce unneeded elements of confusion into the food retail marketplace.”

In the lawsuit, the plaintiffs asked the court to enter an injunction to stop New York from enforcing its rules until the federal rules are ready. City officials have revealed their intention to start levying fines against retailers and restaurants on Aug. 21.