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Restaurants, Grocery Stores, and Convenience Stores Sue to Block New York City’s Menu Labeling Rule

July 21, 2017

JD Supra,

Gregory Waterworth and Saul Ewing,

July 20, 2017-

The U.S. Food and Drug Administration’s (FDA or the Agency) decision a couple of months ago to delay its Menu Labeling Rule until May 7, 2018, as discussed here, was met with mixed reactions from industry. While the National Association of Convenience Stores (NACS) and the National Grocers Association (NGA) had pushed for a delay of the Rule, as discussed here and here, the National Restaurant Association (NRA) supported the Rule so its members could avoid having to comply with a patchwork of state and local menu labeling requirements, as discussed here.

By way of background, the Agency’s Menu Labeling Rule (discussed here and here) requires restaurants and “similar retail food establishments” (e.g., convenience stores and grocery stores) that are part of a chain of 20 or more locations and that sell similar menu items to post on menus and menu boards: (1) calorie information; (2) a statement on suggested daily caloric intake; and (3) a statement that written nutrition information is available upon request (and provide such information upon request).

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