Aug 25, 2017

ARLINGTON, VA – Food Marketing Institute (FMI) and its business partners across grocery, convenience and restaurant reached a settlement today in the U.S. District Court for the Southern District of New York in which New York City agrees not to fine or sanction FMI members for alleged non-compliance with calorie and nutrient information menu labeling requirements prior to a May 2018 compliance date established by the U.S. Food and Drug Administration (FDA). FMI Chief Public Policy Officer Jennifer Hatcher offered the following statement:

“Food Marketing Institute is pleased we were able to reach a settlement with the City, which both protects our members from fines prior to the federal compliance date and also serves as a strong deterrent for other states and localities from prematurely enforcing the federal menu labeling rule prior to the federal compliance date.

“The City’s agreement, along with the United States Statement of Interest that was filed in the case, is a further testament to our position that a municipality’s premature enforcement is preempted by federal law.

“We encourage our members that are currently attempting to comply with the menu labeling rule to continue to comply with the rule, subject to any future modifications or clarifications of the federal regulation. At the same time, we will continue our work with FDA and Congress to address the substantive implementation problems with the final rule.”