Overview
The highly favorable settlement Steptoe secured for the National Association of Convenience Stores (NACS), the New York Association of Convenience Stores, the National Restaurant Association (through its affiliate the Restaurant Law Center) and Food Marketing Institute in their preemption suit against the city of New York was covered broadly by the media.
In July, these trade associations sued the city health department, alleging that the city’s premature implementation of its menu labeling regulations applicable to restaurants and other food service establishments was preempted by federal law. The plaintiffs were supported in their preemption claim by the United States, which filed a statement of interest agreeing that the New York regulations were preempted before the federal compliance date of May 2018. After full briefing on the plaintiffs’ preliminary injunction motion and a conference before US District Court Judge Victor Marrero, the city agreed to forego enforcement of its regulation until the May 2018 federal compliance date, giving the plaintiffs all the relief they sought in the case.
Steptoe partners Shannen Coffin and Charles Michael led the team’s litigation and settlement efforts, with support from Linda Bailey, Osvaldo Vazquez and Michael Keough. Doug Kantor represents NACS in its legislative and regulatory response to the menu labeling regulations, and provided key support in the litigation as well.
The lawsuit has brought attention to the difficulties of compliance with the regulations, with coverage by the following media outlets:
