NYC Agrees to Wait on Calorie Counts for Convenience Stores
Ref. NG/B27CIn an agreement reached around August 25, 2017, New York City officials consented to postpone the enforcement of a local law requiring calorie counts in chain restaurants and convenience stores. The decision came after the U.S. Food and Drug Administration (FDA) intervened in a legal dispute, siding with food industry groups who challenged the city’s regulation.
A Conflict Between Local and Federal Rules
The dispute centered on New York City’s Regulation 81.50, which was scheduled to take effect in the week prior to the agreement. This local rule was created to move forward with nutritional transparency while the implementation of similar federal rules, originally part of the Affordable Care Act, was being delayed by the Trump administration. The city’s initiative was intended to apply to approximately 3,000 restaurants and 1,500 food retailers within its jurisdiction.
Trade organizations, including the Food Marketing Institute and the National Restaurant Association, had filed a lawsuit to block the city’s rule. They argued that a local mandate would create a confusing and burdensome patchwork of regulations, preempting a uniform national standard. The conflict escalated when the FDA filed court papers supporting the industry lawsuit, framing the city’s action as a premature overreach of governmental authority.
The Scope of Regulation 81.50
Under the proposed city law, covered establishments would have been required to post calorie information for standard items directly on menus and menu boards. This was intended to provide consumers with immediate nutritional context at the point of purchase. The regulation also mandated that businesses display a notice informing customers of the federally recommended daily dietary intake of 2,000 calories. Beyond the on-menu disclosures, establishments would have been obligated to make additional, more detailed nutritional information available to customers upon request.
The FDA’s Position on Labeling
At the time, the FDA was led by Commissioner Scott Gottlieb, who had announced a review of the national menu labeling rules. According to reports from August 2017, Gottlieb stated that the federal regulations had “real problems that must be fixed before they go into effect.” The FDA’s official stance was that a single national standard for menu labeling was preferable to varied local ordinances.
The agency’s intervention on behalf of the industry plaintiffs was a significant development. While the delays in implementing the federal rule had begun under the previous administration, city officials expressed concern that the new administration might postpone the national requirements indefinitely. The FDA’s action in court confirmed its preference for a federally managed, nationwide rollout.
Terms of the Agreement
The settlement effectively paused the city’s enforcement of Regulation 81.50. In exchange, the FDA committed to providing further guidance on the national menu labeling requirements by the end of 2017. This was presented by industry advocates as a victory for a standardized approach.
The agreement left the future of menu labeling in New York dependent on the federal timeline. While the FDA promised to clarify its position, the ultimate date for implementing a national calorie count rule remained uncertain.
Questions about this record
Why did New York City want its own calorie labeling rule?
The city aimed to implement its public health measures without waiting for delayed federal regulations. Its rule, Regulation 81.50, was designed to provide consumers with nutritional information at the point of sale in chain restaurants and convenience stores. This was part of a broader city-level effort to combat obesity and promote healthier eating habits among New Yorkers, continuing a trend of local health initiatives.
What was the food industry's argument against the NYC rule?
Food industry groups like the Food Marketing Institute argued that a city-specific rule created a confusing and costly patchwork of regulations. They advocated for a single, uniform national standard as intended by federal law. They contended that complying with different rules in different jurisdictions would be an operational burden and that New York City was overreaching its authority by attempting to enforce its own standard prematurely.
Who was the FDA Commissioner at the time of this agreement?
The U.S. Food and Drug Administration was led by Commissioner Scott Gottlieb, M.D. He stated that the federal menu labeling rules inherited from the previous administration had problems that needed to be fixed before they could be enforced nationwide. His intervention, which included filing court papers in support of an industry lawsuit against the city, was pivotal in reaching the settlement.
Did this agreement end calorie labeling in New York City?
No, it was a temporary postponement. The agreement stipulated that New York City would wait for the FDA to finalize and implement its national rules. The federal menu labeling requirements eventually went into effect in May 2018, applying to New York City and the rest of the country. This national standard superseded the city's separate effort, achieving the goal of nutritional transparency through a uniform federal law.