• As previously reported on this blog, on June 7, 2017, two nongovernment organizations (NGOs)—the Center for Science in the Public Interest and the National Consumer League—filed a complaint in U.S. District Court in Washington, D.C. against FDA for delaying implementation of the menu labeling rule. By way of background, the menu labeling provisions were added to the Federal Food, Drug, and Cosmetic Act by the Affordable Care Act. Initially, enforcement of the rule was to begin on May 5, 2017. However FDA released an unpublished interim final rule (IFR) on May 1, 2017, that would delay the compliance date for menu labeling requirements until May 8, 2018.
  • FDA and the NGOs reached an agreement last week to freeze litigation over the delayed menu labeling regulations until May 7, 2018, according to Law 360 (subscription required). Under the agreement to freeze litigation, FDA must adhere to a timeline to implement the requirements at chain restaurants and other food service venues.
  • Two weeks prior to FDA and the NGOs reaching the joint motion concerning the compliance date for the menu labeling requirements, FDA Commissioner Scott Gottlieb announced in a statement that the Agency would provide additional guidance on the menu labeling requirements by the end of this year.
  • We will continue to monitor developments related to the menu labeling rule and report them to you here.