NYC Groups Challenge Enforcement of City Menu-Labeling Law

A group of convenience-store and restaurant trade groups have
filed a lawsuit to stop New York City from enforcing a municipal
regulation requiring calorie and nutrition information to be
posted in their establishments. Nat’l Assoc. of Convenience Stores
v. New York City Dep’t of Hygiene, No. 17-5324 (S.D.N.Y., filed
July 14, 2017). In 2010, the Patient Protection and Affordable
Care Act (ACA) imposed new menu-labeling requirements, and
the U.S. Food and Drug Administration (FDA) issued its final
implementation rule for those requirements in 2014. FDA
extended the compliance date for the federal rule to May 7, 2018,
but on May 18, New York City Mayor Bill de Blasio announced
that enforcement of the parallel city regulation will nonetheless
begin on August 21, 2017. Claiming that the city regulation is
preempted by the ACA, the plaintiffs seek preliminary and
permanent injunctions against enforcement and a declaration that
the city regulation is preempted by federal law. Additional details
appear in Issues 597, 603 and 633 of this Update.

Issue 641