National Association of Convenience Stores et al. v. New York City Department of Health and Mental Hygiene et al.

  • United States District Court, Southern District of New York

Case Movement

Case Details

  • Case Status: Voluntary Dismissal
  • Docket Number: 17 Civ. 5324
  • Category: Regulatory Overreach

Federal law allows state and local governments to impose their own calorie and nutrition labeling requirements on restaurants and similar establishments with 20 or more locations, but ONLY if those requirements are identical to FDA’s requirements. New York City attempted to require compliance with its regulations prior to the federal compliance date of May 7, 2018. The City had announced that it would enforce its regulations as of August 21, 2017. In July 2017, the Restaurant Law Center and other business groups filed suit to prevent New York City from enforcing its rules before the federal compliance date. The case has settled, and New York City has now agreed, as part of that settlement, not to enforce its regulations against establishments covered by the federal regulations until May 7, 2018.

Resolution

As the federal regulations became effective on May 7, 2018, we filed a joint stipulation with the City agreeing to dismiss our case. Case is now closed.