No Further Menu Labeling Rule Delays

On May 2 of this year the FDA announced that enforcement of the menu labeling rule that was expected to begin on May 5, 2017 would be delayed until May 7, 2018. FDA did so in order to “consider how we might further reduce the regulatory burden or increase flexibility while continuing to achieve our regulatory objectives, in keeping with the Administration’s policies.” Subsequently the Center for Science in the Public Interest (CSPI) and the National Consumers League (NCL) sued the FDA in June for delaying the enforcement.

Yesterday U.S. District Court Judge Emmet Sullivan approved an agreement made by the law firm which represents CSPI and NCL, and by the Department of Justice which stops the lawsuit as long as there is no change to the August 25 commitment made by FDA Commissioner Scott Gottlieb that there will be no further delay and no changes to the menu labeling requirements.