NEW YORK CITY – On August 16, 2017, counsel for the plaintiffs, defendant and federal government met with the judge presiding over NACS’s challenge to New York City’s attempt to enforce its menu labeling regulations now—nine months prior to the federal Food and Drug Administration’s (FDA) regulations going into effect.
NACS, along with the New York Association of Convenience Stores (NYACS), the Food Marketing Institute (FMI), and the Restaurant Law Center, sued the city in July in the U.S. District Court for the Southern District of New York to prevent it from enforcing its regulations prior to the compliance date set by the FDA. NACS and the other plaintiffs argued that federal law prevents the city from moving forward prior to the compliance date for FDA’s menu labeling regulations.
The city planned to start enforcing its regulations on August 21. NACS and the other plaintiffs in the case have asked the court to stop the city from moving forward with enforcement prior to the date on which compliance with FDA regulations is required.
During the meeting with Judge Marrero, the plaintiffs and the city agreed to discuss potential solutions to the legal dispute. The city agreed not to enforce its regulations until August 25 in order to allow those discussions to take place. A new hearing before Judge Marrero has been scheduled for the afternoon of August 25.