NACS and NYACS Praise Agreement by New York City Not to Enforce Menu-Labeling Rules Until Federal Compliance Date

Lyle Beckwith, senior vice president, government affairs of the National Association of Convenience Stores (NACS), released the following statement regarding settlement of a lawsuit with New York City seeking to block the city’s efforts to enforce U.S. Food and Drug Administration (FDA) menu-labeling rules before the May 7, 2018, federal compliance deadline:


“This settlement with New York City is a clear victory for common sense. States and cities cannot enforce menu-labeling rules until Food and Drug Administration (FDA) rules are enforced. We’re pleased that New York City has agreed not to jump the gun.


“There are good reasons for everyone to wait: It is increasingly clear that the federal regulations have real problems that must be fixed before they go into effect.  A recent economic study confirmed that total costs for the industry under the rule will be more than triple the FDA estimate, reaching more than $300 million per year—and seven times the estimate for convenience stores.


“And no matter how much businesses spend to comply with the FDA’s rule, routine calorie count variations would result in 93% of prepared foods being in violation of the rules.


“NACS members and other businesses will need to comply with the federal and city rules once they properly take effect. NACS urges its members to become educated on those rules and work to come into compliance.  NACS has resources to help its members do that here:


“NACS will continue to battle for common-sense changes to the federal regulations through the regulatory and legislative process, so that the rules ensure NACS members can provide nutrition information to their customers in a way that makes sense for everyone.”

James Calvin, president of the New York Association of Convenience Stores, said, “We’re relieved that common sense prevailed here. “The attempt to prematurely implement this rule was clearly a governmental over-reach by the city of New York.”


NACS advances the role of convenience stores as positive economic, social and philanthropic contributors to the communities they serve. The U.S. convenience store industry, with more than 154,000 stores nationwide selling fuel, food and merchandise, serves 160 million customers daily—half of the U.S. population—and has sales that are 10.8% of total U.S. retail and foodservice sales. NACS has 2,100 retailer and 1,750 supplier members from more than 50 countries.

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