NEW YORK An appeals court judge has temporary halted New York’s health department from enforcing the city’s controversial menu-labeling regulation, which would require some chain restaurants to post calorie counts on menu boards and menus.
The requirement technically went into effect Monday, though qualifying restaurants that failed to comply would not be fined until June 4. Judge Robert A. Katzmann of the Second Circuit Court of Appeals issued the temporary stay on Wednesday afternoon. It will remain in effect until a full, three-member panel of the court can consider the New York State Restaurant Association’s request for a permanent stay, the health department said.
As a result, the labeling requirement cannot be enforced until after the panel of judges hears the oral arguments of the restaurant association and its opponent in the suit, the health department. Arguments are expected to be heard April 29 at 10 a.m.
The regulation requires that local units of chains with at least 15 branches nationwide post calorie counts next to items listed on their menus or menu boards. The information would also have to be posted for alcoholic beverages, including wine.