What Happens When FDA Delays a Rule? Menu Labeling as a Case Study

What Happens When FDA Delays a Rule? Menu Labeling as a Case Study
Jonathan A. Havens
Update Magazine

​Jonathan Havens, vice chair of the Firm’s Food and Beverage Practice, authored this article published in the Food and Drug Law Institute’s Update Magazine. Using a case in New York City, the article explains how delays on the FDA’s Menu Labeling rules are impacting the retail food industry. In the article, Jonathan discusses how the delays in the federal law opened the doors for New York City to enforce its own menu labeling laws, which led to a lawsuit with plaintiffs alleging that the city’s rule is preempted both expressly and impliedly by FDA’s Rule, and thus sought to preliminarily and permanently enjoin the city from enforcing its version of the same. The article concludes by raising the question of whether this preemption debate will expand into other food rules.

To read the full article, click here.