Last Minute Challenge To FDA Menu Labeling Rules

A group of major grocers and retailers has recently petitioned the Food and Drug Administration ("FDA") to stay and reconsider its new menu labeling rules. The FDA had previously finalized new menu labeling rules in connection with the Affordable Care Act to make calorie and nutrition information more available for consumers when dining out. After multiple extensions, the current compliance and enforcement date for the menu labeling rules is May 5, 2017.

The nationwide menu labeling rules were initially welcomed by the restaurant industry because the rules were expected to provide nationwide uniformity and harmony to the patchwork rise of various state and local laws and regulations regarding calorie and nutritional disclosures. The petitioner grocers and retailers argue, however, that the new menu labeling rules are overly broad and encompass too many businesses, do not properly clarify what constitutes a "menu," and will cause significant costs for compliance.