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NEW YORK CITY -- Four groups representing c-stores, restaurants and grocery stores are suing New York City in an effort to stop it from prematurely enforcing calorie-disclosure rules prior to a May 2018 compliance date established by the U.S. Food and Drug Administration. The FDA recently announced that it is deferring enforcement of nationwide menu labeling rules until May 2018, in order to respond to industry concerns regarding implementation and to consider possible amendments to alleviate the costs o...
July 20, 2017
NEW YORK CITY -- Four groups representing c-stores, restaurants and grocery stores are suing New York City in an effort to stop it from prematurely enforcing calorie-disclosure rules prior to a May 2018 compliance date established by the U.S. Food and Drug Administration.
The FDA recently announced that it is deferring enforcement of nationwide menu labeling rules until May 2018, in order to respond to industry concerns regarding implementation and to consider possible amendments to alleviate the costs of the rule.
But on May 22, Mayor Bill de Blasio announced that all New York City chain food retailers, including convenience and grocery stores offering prepared foods, would be required to post calorie counts on menu boards and it would begin enforcement on Aug. 21. | READ MORE
The Food Marketing Institute, National Association of Convenience Stores (NACS), New York Association of Convenience Stores and the Restaurant Law Center filed the lawsuit in the U.S. District Court for the Southern District of New York, claiming that New York's premature enforcement is preempted by federal law.
"New York City can't jump the gun and start imposing fines when FDA hasn't even figured out how disclosures should be made," said NACS senior vice-president Lyle Beckwith. "Doing that holds stores to standards that no one can meet and undermines the point of having a federal law in the first place."
