Nation’s Restaurant News: Grocery, Restaurant Groups File Suit Against NYC Menu Labeling

The Food Marketing Institute and the National Restaurant Association—in conjunction with several other foodservice industry groups—took legal action against the City of New York on Friday. According to a recent article in Nation’s Restaurant News, the organizations believe that the city is prematurely enforcing nutritional disclosure guidelines for foodservice companies.

The latest version of New York’s nutritional transparency mandate, called Regulation 81.50, is set to go into effect on August 21, 2017. At that point, foodservice establishments in New York City that have 15 or more locations nationwide will be required to disclose calorie counts and other nutritional information in addition to posting a statement about the recommended caloric intake of 2,000 calories per day. The regulations would impact about 3,000 restaurants and 1,500 food retailer chains—including grocers.

However, the U.S. Food and Drug Administration has similar guidelines that are expected to go into effect about 10 months later in May of 2018. Those federal guidelines will require foodservice establishments with 20 or more locations to make nutritional and calorie information available in a direct way. The Food Marketing Institute and the National Restaurant Association are asking the court to stop New York City from enforcing its local regulations before the nationwide rollout next May.

In a statement cited by Nation's Restaurant News, FMI’s chief public policy officer Jennifer Hatcher said, “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. New York City’s actions threaten interstate commerce and would introduce unneeded elements of confusion into the food retail marketplace.”