NEW YORK Chain restaurants here won a two-week reprieve from complying with the city’s pending menu-labeling law when a federal judge ordered that the disclosure requirement not be put into effect until April 14.
The order signed by the judge also barred the city from levying fines for violations of the law until May 27.
The measure requires local branches of chains with at least 15 locations nationwide to post calorie counts on their menus and menu boards. It was originally scheduled to take effect March 31.
The New York State Restaurant Association has filed a lawsuit challenging the authority of the city’s Department of Health and Mental Hygiene to issue such a law. The group argues that regulation of nutrition disclosure is a federal prerogative, beyond the scope of state or local governments.
U.S. District Judge Richard C. Holwell, who is presiding over the NYSRA’s challenge, said Monday that he would not rule on the motion by March 31. His decision is expected to be handed down during the first two weeks of April. The restaurant association had asked for guidance about what to do in the interim. Replacing menus or menu boards if Holwell agreed with the group’s legal challenge could have needlessly cost restaurants money.
Holwell signed an order Thursday delaying enactment of the law. The order was also signed by lawyers representing New York City and the NYSRA.
The law was issued by the city's health department in January.
