Judge bars NYC menu law, fines until April 14, May 27

Nation's Restaurant News,  April 7, 2008  

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NEW YORK -- U.S. District Judge Richard Holwell has blocked until April 14 the scheduled enactment of a New York City law requiring some 2,400 chain restaurants to post the calorie counts of all food and drink items on menus and menu boards.

Holwell also said he would rule by mid-April on a lawsuit by the New York State Restaurant Association challenging the menu-labeling rule. Earlier last month he had said that he would not issue a ruling on the litigation by the law's scheduled March 31 enactment as he had previously said he would. The NYSRA then asked Holwell for guidance on what to tell restaurateurs who faced the deadline last Monday. The association also said it was seeking confirmation of a city pledge to delay enforcement during a six-week grace period.

Holwell's delaying order also barred the city from levying fines for violations until May 27.

The ordinance pertains only to local branches of chains with at least 15 locations anywhere in the country. The NYSRA contends that the city lacks nutrition-labeling authority that resides only with the federal government.

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