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National Restaurant Association - Suit aims to block NYC menu labeling enforcement

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Suit aims to block NYC menu labeling enforcement

Today, our Restaurant Law Center was joined by the Food Marketing Institute, National Association of Convenience Stores and New York Association of Convenience Stores in filing suit to stop New York City from enforcing city menu-labeling requirements at chain restaurants with 20 or more locations.

Why we filed

The suit was filed in the U.S. District Court for the Southern District of New York, after the city said it would enforce its own menu-labeling standard starting Aug. 21, despite the Food and Drug Administration’s 1-year postponement of the federal government’s menu-labeling law in May. It contends New York’s premature enforcement is preempted by federal law.

Federal menu labeling is part of the 2010 Affordable Care Act and was originally intended to take effect in 2016. It’s been postponed several times since.

Violating federal law

Angelo Amador, executive director of our law center, said the city’s intent to enforce menu labeling despite the federal government’s most recent postponement violates federal law.

“Federal preemption for menu labeling is the law of the land,” he said. “New York City is overstepping its legal authority in its attempt to enforce menu labeling ahead of the federal compliance date of May 7, 2018.”

In addition to our lawsuit, we’re also working with members of Congress on the menu-labeling issue and our advocacy team is working with National Restaurant Association members to develop industry comments on the federal regulation. The FDA recently extended the deadline for public comments to Aug. 2.

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