New York City Sued over Menu-Labeling Mandate: New at Reason

Earlier this month, several food-industry groups sued New York City in an effort to halt Mayor Bill de Blasio’s plans to begin enforcing the city’s mandatory menu-labeling law next month.

The National Restaurant Association’s Restaurant Law Center—along with the Food Marketing Institute, National Association of Convenience Stores, and New York Association of Convenience Stores—filed suit on July 14 in U.S. District Court in Manhattan.

The suit argues the city’s menu-labeling law conflicts with a federal menu-labeling law, passed as part of the Affordable Care Act, even though enforcement of the pertinent portion of that federal law has yet to begin. The plaintiffs contend that under the U.S. Constitution’s Supremacy Clause, New York City’s “premature enforcement is preempted by federal law.” Food policy expert Baylen Linnekin explains further.

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