July 17, 2017-
NACS, the New York Association of Convenience Stores (NYACS), Food Marketing Institute (FMI) and the Restaurant Law Center (RLC) have filed a lawsuit in the U.S. District Court for the Southern District of New York to stop New York City from prematurely enforcing menu labeling rules requiring calorie and nutrient information prior to a May 2018 compliance date established by the U.S. Food and Drug Administration (FDA). The lawsuit claims that New York’s premature enforcement is preempted by federal law.
Mayor Bill de Blasio announced in late May that all New York City chain food retailers offering prepared foods, or “restaurant-type foods,” would be required to post calorie counts on menu boards. In addition, chain restaurants and retailers would be required to have full nutritional information, not just calories, for standard menu items available on site, and they would have to post a statement about the daily recommended caloric intake of 2,000 calories. This rule is required for all chain restaurants with 15 locations or more in New York City, affecting approximately 3,000 restaurants and about 1,500 food retailer chains.