Industry groups file lawsuit against NYC
The Food Marketing Institute (FMI), National Association of Convenience Stores (NACS), New York Association of Convenience Stores (NYACS), and the Restaurant Law Center (RLC) have filed suit in the U.S. District Court for the Southern District of New York to stop New York City from prematurely enforcing rules requiring calorie and nutrient information prior to a May 2018 compliance date established by the U.S. Food and Drug Administration (FDA).
The Food Marketing Institute (FMI), National Association of Convenience Stores (NACS), New York Association of Convenience Stores (NYACS), and the Restaurant Law Center (RLC) have filed suit in the U.S. District Court for the Southern District of New York to stop New York City from prematurely enforcing 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.
Recently, the FDA 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. The FDA published rules requiring calorie disclosures on menus in 2014, but has decided to delay them to work through problems with those rules.
As part of the lawsuit, the plaintiffs asked the court to enter an injunction to stop New York City from enforcing its rules until the federal rules are ready. Unless the court acts, New York City has threatened to start levying fines against retailers and restaurants starting on August 21.
“The federal law preempts a municipality from taking matters into its own hands, and this is exactly what New York City is attempting to do,” said Jennifer Hatcher, FMI chief public policy officer. “New York City’s actions threaten interstate commerce and would introduce unneeded elements of confusion into the food retail marketplace.”