NEW YORK (Legal Newsline) – A group of trade associations that represents food retailers, grocers and convenience stores alleges that New York City's implementation of menu labeling regulations is unlawful.
National Association of Convenience Stores, New York Association of Convenience Stores, Food Marketing Institute and Restaurant Law Center filed a complaint on July 14 in the U.S. District Court for the Southern District of New York against New York City Department of Health and Mental Hygiene; New York City Board of Health; Dr. Mary Travis Bassett, in her official capacity as commissioner of the New York City Department of Health and Mental Hygiene; New York City Department of Consumer Affairs; and Lorelei Salas, in her official capacity as Commissioner of the New York City Department of Consumer Affairs
According to the complaint, New York City announced that it would begin fining food service establishments on Aug. 21 for failing to post calorie and related nutritional information on menu boards and menus per Regulation 81.50. The plaintiffs allege that federal law prohibits any state or locality from imposing food labeling regulations that are not identical to labeling requirements established by Congress and the Food and Drug Administration. They claim Regulation 81.50 is not identical to the federal requirements.
The plaintiffs seek injunction against the enforcement of Regulation 81.50, permanent injunction against enforcement of Regulation 81.50 and any other relief as the court deems just. They are represented by Shannen W. Coffin of Steptoe & Johnson LLP in Washington, D.C. and Angelo I. Amador of Restaurant Law Center in Washington, D.C.
U.S. District Court for the Southern District of New York case number 1:17-cv-05324-VM