Although the federal menu labeling law was passed as part of the 2010 Affordable Care Act, it has been stopped from going into effect several times. It was originally going to become effective in 2016. When the Food and Drug Administration (FDA) postponed menu labeling for a year in May 2017, the new date for it to go into effect was established as May 7, 2018.

Despite the federal delay, Restaurant.org reported that the New York City government intended to go ahead and enforce the labeling law anyway, and enforcement would begin on August 21, 2017.

However, the Restaurant Law Center along with the Food Marketing Institute, National Association of Convenience Stores and New York Association of Convenience Stores filed a lawsuit against NYC. They alleged that the city was in violation of federal law and was attempting to preempt federal governance.

Details of the Federal Menu Labeling Law

The menu labeling law requires establishments, which are part of a chain with 20 or more locations and which do business under the same name and basically offer the same menu items, to provide calorie and nutritional information for standard menu items. This requirement applies to self-service food and food on display. Consumers must be given the information in a “direct and accessible manner to enable consumers to make informed and healthful dietary choices.” (FDA on food labeling)

Some foods are delivered to restaurant chains as completed products and already contain calories and other nutritional information in the packaging. Other foods require nutritional analysis and lab testing, which can incur expenses for the restaurant and other establishment chains.

This law affects a wide scope of businesses in the hospitality industry, including restaurants, lodging establishments, and managed food services along with grocery chain stores, convenience and general merchandise chain stores. It also affects food industry chains involved with sports, recreation and entertainment.

Many businesses look to stay apprised of what is happening with the federal menu labeling law.

Stephen Hans & Associates  has decades of experience assisting business owners with employment related concerns.